The witness testimony system in criminal procedure serves the dual purposes of facilitating the timely ascertainment of case facts and protecting the defendant's right to confront witnesses.However,the current system design places excessive emphasis on ensuring the enforcement of state penal power,neglecting the protection of fundamental rights.This has resulted in a binary framework of"either testify in court or have the testimony read out",which is a major cause of the difficulty in having witnesses testify in court.Given that having witnesses testify in court is the best way to protect the defendant's right of confrontation,any alternative measures that do not involve testifying in court constitute an interference with fundamental rights.Therefore,the witness testimony system should be adjusted according to the requirements of clarity in legal reservation and proportionality.Against the backdrop of the forthcoming amendments to the Criminal Procedure Law,legislators should consider the degree of interference with fundamental rights and the risk of affecting the normal handling of cases,and establish a hierarchical system that includes in-court testimony,online testimony,non-appearance testimony,and other supplementary measures,to balance the practical needs of different situations.
关键词
刑事诉讼/证人出庭/对质诘问权/基本权干预
Key words
criminal action/attendance of witness/right of cross-examination/basic rights intervention
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