On The Reason And Tactics Of Difficulties Of Our Country's Witness Appearing In Court

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. Witness not appearing in court influences judicial justice seriously and impedes the pursuit of proceedings value of objective truth. Witness unwilling to appear in court has so many reasons such as reasons in the culture respect, in proceedings value and legal systems regard and the social, personal reasons. Witness not appearing in court is a phenomenon resulting from Chinese specially cultural background and legal systems, witness not appearing in court has been a grave problem in the process of our country's judicial system reform. If we want to solve this problem, we will firstly perfect the legislation of witness appearing in court. The statute should stipulate the witness's qualification right, liability and protection measures clearly. 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. Lastly, if we want to overcome the difficulties of witness appearing in court completely, we should change the witness's attitude towards appearing in court and make witness form a relief for law, thus they are willing to appear in court.The difficulty of witness appearing in court is an universal problem which cannot be dealt with easily. The phenomenon of witness' no appearing in court still exists in English-speaking countries, but it does not affect the fair trial of a case. This problem cannot be easily solved only by stipulating duty of witness' testimony because China is different from western countries regarding cultural tradition and national situation. Only by way of general governance can this problem be checked to a certain extend and as a result, the fair trial cannot be affected.