证人出庭作证是现代司法制度中的普遍原则和庭审制度的基本要求。证人证言作为证明案件事实的言词证据,原则上应当通过证人出庭作证,控辩双方当面询问、质证之后才合法有效。为此,我国《刑事诉讼法》第47条规定:“证人证言必须在法庭上经过公诉人、被害人和被告人、辩护人双方讯问、质证,听取各方证人的证言并且经过查实以后,才能作为定案的根据。”但是,在我国的审判实践中,证人不出庭作证的现象仍很严重,法庭以宣读证言笔录代替证人出庭作证成为普遍现象,证人出庭作证的问题并没有因法律作出了明确规定而得到明显改善。究其原因,笔者认为不仅有司法方面的原因,也有社会环境及证人自身方面的因素,还有立法方面的因素。其中,司法方面是主要的因素。因此,要改善这一现状,应当从上述三方面予以完善。 Witness to testify in court is a universal principle in the modern judicial system and the basic requirements of the court system. Witness testimony as testimony evidence of the facts of the case, in principle, witnesses should testify in court, both prosecutors and deputies inquired, cross-examination after the legal and valid. For this reason, Article 47 of China’s Criminal Procedure Law stipulates that: "Witness testimony must be prosecuted, victimized and defendants in court after both parties have questioned, testified and heard the testimony of witnesses of all parties and verified them before they can be finalized However, in our trial practice, there is still a serious phenomenon that witnesses do not testify in court. It is a common phenomenon that the court read the testimony transcript instead of the witness to testify in court. The question of witness testifying in court has not been clearly stipulated by law And have been significantly improved. The reason, I think not only for judicial reasons, but also social environment and the witnesses themselves factors, as well as legislative aspects. Among them, the judicial aspect is the main factor. Therefore, to improve this situation, we should improve it from the above three aspects.