Study On The Problem Of Appearing In Court As A Witness In Criminal Action In China

The whole of this article centers on two problems,one is about causes of witness not appear in court in criminal Litigation in our country and the other is about the choice of pattern of witness testimony.According to the practice of criminal prosecution,the article has a deeply analysis on the above two problems by the research techniques of speculative,comparative and empirical analysis.The first chapter is about proof of facts and witness to testify before the court.The fact irrevocably proved that appears in court with witness to testify.The lawsuit process is to a great extent the fact proof process,the fact proof process must conform to the general rule which the humanity knew.This chapter in discrimination fact,real and epistemology and so on proof basic concepts and in relational foundation,the introduction intrinsic principle and the external principle's two kind of proof way,the general proof process gives the brief explanation to the epistemology,elaborates witness testimony in the case fact proof influential role;At the same time, through to the epistemology analysis,explained witness to appear in court to testify in proof case foundational status in fact,and to further analyze witness to appear in court to testify has carried on the theory upholstery.The second chapter is about the present situation of criminal witness appearing to testify in our country and its origin analysis.This chapter elaborates the present situation of witness testimony in our country and the harm of its cause and the relatedness between them.The first part in this chapter has limited the scope of criminal witness appearing to testify according to the criminal trial practice's intrinsic demand.This part draws the conclusion that witness not to appear in court to testify possibly attributes to the public prosecutor and judge's negative attitude.At the same time,this part has also analyzed the false risk of witness testimony and the corrosion to the proof standard because of not appear in court to testify and the danger to the realize of safeguarding the value of innocent lawsuit according to the materials of empirical study and the theory of the modern cognition psychology scientific.The second part in this chapter utilizes the method of economic analysis to the public prosecutor,judge and the change of effectiveness of witness appearing to testify or not under the present system of witness testimony,and has explained the reasons why treat negatively to witness appeared in court to testify by the public prosecutor, judge,witness under the present system of witness testimony.The third chapter is the reconsider on the system of witness appears in court to testify in our country.Besides the reason of the legislative technology,another more important reason is the value to choose which also become part of flaws of the system of witness appears in court to testify in our country.The first part of this chapter is mainly about the basic theory of due process and the nature of human rights according to the history of the American due process and the criminal prosecution; under the version of the goal of Just,then explains why the safeguard innocently in the criminal prosecution procedure position should be put at the first status.In the second part of this chapter,the author elaborates the importances of making sure witness to appear in court to testify in our country,and legislative flaws of this system.The fourth chapter is mainly about the reform path on the system of witness appears in court to testify in our country.Based on the cognition psychology and the empirical study literature,the author compares the litigant principle witness to testify the pattern and the authority principle testifies the pattern,from the possibility of discovering the truth and the the acceptable performance of procedure,then has an analysis on the possibility and the effects between the two patterns.In the second part, from the effects of the market economic reform on our country social relations and the lawsuit culture's influence,the auther has carried on the discussion to vicissitude's power and the direction in our country's witness system.