| The system of the witness appearing in court as a witness is a basic demand of the system of modern court hearing and is also one of the key factors for making criminal justice open, fair and just. The amended "The Criminal Procedure Law of the People's Republic of China" has changed the mode of court hearing from original interrogatory into indiction and pleading .The witness appearing in court as a witness has become the key link of new lawsuit mode. Nevertheless in operation, only few people are willing to give witness in court. As a result, we often see people in court hard to question the validity of the testimony with each other. Most of cases are still adopted in the form of written testimony, which makes the principle of the direct-speaking of criminal lawsuit prattle. The evidence of witness is very important and has an effect that cannot be substituted in criminal lawsuit. Giving a broad view of the practice of criminal enforcement in the world, more attention has been paid to the value of the evidence of witness, and the issue of witness appearing in court as a witness is legally defined in most of foreign countries. In comparison with that in foreign countries, The prevailing criminal procedure law has only made some principled and simple regulations. Thus, the writer thinks it is necessary to make an extensive and deep study on how to improve and establish the system of witness appearing in court as witness in criminal lawsuit in our country, and meanwhile. The writer will research the causes and knots which exist in the proceeding of criminal witness appearing in court from social, psychological and legal aspects and also puts forward some suggestions on how to reform and improve judicial enforcement.1.The status quo and cause of the witness unwilling to appear in courtAt present, the lower rate of the witness appearing in court is caused by the following three issues: they're legislation, judicature and self-consciousness of the witness.1) The regulation on whether the witness must appear in court is not legislated scientifically, and at the same time, the law lacks compulsory witness system and penalty system of witness refusing to witness as well as economic compensation system of the witness. Besides, the system of protecting witness is not perfect.2) A different quality in judicial members and insufficient manpower and resources of law-enforcement authority also cause the witness unwilling to appear in court to a certain extent.3) Many witness have not enough legal consciousness and indifferent to the witness' consciousness. They are afraid that they'll be revenged on later, which also causes the system of witness to be carried on hardly.2. Establishing the theoretical basis of the system of witness appearing in court1) The principle of direct-speaking2) The principle of fair and just 3) The principle of procedure-participating3.Improving the contents of the system of witness appearing in court1) Defining the witness' qualification and strictly regulating the extent of witness2) Establishing the system of witness' privilegeIn order to protect the specific social relationships and witness' interests, the witnesses are given the right of refusing to give witness legally under special conditions. This system is prevailing all over the world. On the whole it can be summarized as 'relatives' privilege, professional privilege and refusing to self-witness' privilege. But there is still a blank in this aspect in our country.3) Improving the system of safeguarding the witnessSome witnesses refuse to take the witness stand because they are afraid to be revenged on and their lives and properties are not to be legally safeguarded after that. Therefore, we should establish relevant regulations and provide specific safe measures for their lives and properties. The legal protection generally includes fore-protection and post-protection. Nowadays, the safeguarding legislation is rather perfect abroad. We should learn from them. Fist of all, we should set u...
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