5 . the imperfect of the protective mechanism in the rights of the witness . the third part : the measures to get rid of the perplexities . 1 . publishing provisions must be made as to the refusal to appear in court 为解决证人不出庭作证、作假证问题，笔者认为必须采取如下措施: (一)规定证人拒绝出庭作证的制裁条款，以国家强制力保障证人出庭作证。
Witness appearing in court is witness ' s one principal duty , which is stipulated universally in the statute of every country worldwide . in our country difficulties of witness appearing in court has been a severe phenomenon following enforcement difficulties 证人出庭作证是世界各国普遍规定证人的主要义务之一，我国证人不出庭作证已成为继“执行难”之后的“出庭难” 。
The testimony of the witness becomes more and more important however , the fact that the witness fails to appear in court or provides false testimony is becoming very impartment is n ' t in tune with the adversarial trial gradually introduced , making the problem more emergent 然而，在司法实践中，证人不出庭作证、作假证的现象十分突出，这种状况与我国逐步引入的对抗式庭审方式十分不协调，使证人必须出庭问题显得更加突出与紧迫。
Secondly , we must entitle witness the right of refusing to appear in court within some scope , which will boost the rate of witness appearing in court . what ' s more , witness not appearing in court is directly attached to the massive use of written testimony in the trial 其次必须赋予证人在一定范围内的拒证权，这样疏堵结合，有利于提高证人出庭率，要弱化书面证言在庭审中使用，证人不出庭作证是与庭审中大量使用书面证言有直接关系。
If the witness were absent on the court , the judge and bilateral parties could not ask the questions to the witness , do the cross - examination or argument . then , the people ' s court could not inspection and judge the testimony is true or false , which will made the adoption of evidence be difficult 如果证人不出庭作证，控辩双方及法官就无法当庭对证人发问和质证，对证言进行辩论，人民法院也就难以审查判断证言的真伪，势必给认证造成一定困难。
Because of the importance and the extremely low rate of experts " appearing in court as witnesses , in relevant chapters the author has analyzed the theoretical foundation of experts " appearing in court as witnesses , the reason and consequence that experts in our country default to appearing in court as witnesses 由于鉴定人出庭作证的重要性以及鉴定人在我国出庭率极低的缘故，在有关章节中笔者对鉴定人出庭作证的依据、我国鉴定人不出庭的原因和后果进行了分析。
But in the practice of judicature a great number of witnesses do n ' t appeal in the court , and many of the witnesses who appeal in the court supply feigned testimony . all of these impact the process of revolution greatly and ca n ' t realize the principle of direct trial . finally it will damage the justice of the trial 但在司法实践中反馈回来的信息显示：大量的证人不出庭，以及大量的伪证现象存在，这一切严重影响了改革的进行，并使得现代司法的直接言词原则落空，并最终影响司法公正、效率价值的实现。
For the sake of the real implementation of the adversarial trial and the achievement of justice in a lawsuit , it ' s very necessary to probe into the mechanism in appearing in court as a witness and analyze the age - old malpractice of it and find out how to get rid of the perplexity in appearing in cour t as a witness 为使我国逐步引入的对抗式诉讼模式真正得以贯彻实施，实现诉讼公正，非常有必要探讨证人出庭作证的机理，剖析目前证人出庭作证制度的积弊，探索如何摆脱证人不出庭作证的困惑。
The part illustrates the imergency of the witness to court and probe into the reason why the witness fails to appear in court and provides the present situation and defects in the protecting system of the witness . the reasons are as follows : 1 . from the eye of psychology , it is the external embodiment of the witness " negative psychology 该部分论述了证人出庭作证的迫切性，探讨了证人不出庭作证的原因及证人保护制度的现状及缺陷。证人不出庭作证主要有以下几方面的原因： ( 1 )从心理学角度来讲，证人不出庭作证是证人各种消极心理的外在表现。
