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证人权利是确保证人履行义务的前提。我国刑事诉讼法只规定了证人的程序性权利,而对于实体性权利却涉及很少,这是导致司法实践中,证人拒不出庭作证的重要原因。因此,要解决证人拒不出庭作证的难题,必须明确证人的权利及保障。
Witness rights are a prerequisite for ensuring that witnesses fulfill their obligations. The criminal procedural law of our country only stipulates the procedural rights of the witnesses, but involves very few substantive rights, which is the important reason that the witnesses refuse to testify in court in judicial practice. Therefore, to solve the problem that witnesses refuse to testify in court, the rights and guarantees of witnesses must be clearly defined.