| 英文摘要 |
The witness testfying in court is the basic requirement of the modern criminal system, especially in the case of confrontation litigation the prosecution and the defense lead evidence investigation, which requires the witness to appear in court to carry out the court investigation effectively. In the litigation structure that emphasizes the appearance of a witness in order to carry out the hearsay evidence rule or the principle of direct verbal speech, the method of human evidence not only reflects the evidence of the words, but also reflects the important role of the witness investigation. Although it is of great significance for the witness to appear in order to achieve the basic objectives of the criminal procedure law, it does not mean that all witnesses in the criminal proceedings must appear in the court. Only if there is any doubt or controversy advanced by the prosecution and the defense in the testimony provided by witness, it is necessary to ask the witness to appear before the question is clear. Although the reform of making criminal trials substantive, to some extent, prompts the appearing in court of some necessary witnesses, the attendance rate of the necessary witness is still low. It is not the purpose of a witness to appear in court , but it is to enforce the hearsay evidence rules or the principle of direct verbal speech to ensure the right of confrontation, especially the the defenses. In the judicial practice, the solution of the necessary witness to appear in court needs to clearly stipulate the right of confrontation enjoyed by the defendant at the constitutional level, to clearly stipulate the exclusion of the rules of hearsay evidence that do not meet the necessary witnesses requirements, to perfect the compulsory witness testifying and the compensation and protection supporting system of the witness testfying. |
