Study On The Issue Of The Witness System In Criminal Procedure

Witness system is an important part of the evidence system. Witness giving testimony in criminal procedure plays such an important role that it cannot be underestimated in finding out the facts of the case and guaranteeing the justice of the procedure. However, that the witness does not testify especially not give testimony in court is common in our country, which leads it difficulty to deepen the reform of trial mode. The author believes that the key to solve the current problem of witness is that the witness system should be perfected. Definite rules, rational requirements for testimony assisted by scientific and humanize guarantee for witness right to eliminate the witness's worry are basic requirements for making witness system operating well. In broad sense, witness system includes study both on witness and testimony, this article's analysis are mainly proceed from the view of witness. Through solving a serial of problems such as witness's conception and competency, ways of collecting and providing testimony, and the rights protection etc, the final destination is encouraging witness to tell the truth and proceeding smoothly in criminal procedure. The article is divided into five parts: Chapter 1. In this chapter the author discusses the history and development of the witness. It experiences the process from obscuration to civilization, from irrational to rational, which leads to the analysis of witness's concept in contemporary procedure law. The author thinks that the conception of witness can be interpreted both in broad sense and narrow sense. In Anglos-Saxon law system, the concept of the witness covers parties and expert witness. In Continental law system it only refers to the third party except for main body of action, not including the parties and expert. And in our country we understand it in its narrow sense. Chapter 2. As far as the Competency of the witness is concerned, the general tendency is towards to reduce limitation by degrees. Generally speaking, as long as the person who possesses the ability to percipient, memory and express and can distinguish between fact and fiction can act as a witness. The credibility of testimony belongs to the judgment of a judge. In our country's judicial practice the Competency of witness is limited too much. Chapter 3 and chapter 4 are each from the collection and exhibition of testimony, revolving the angle of witness, bring forth preliminary assumption based on several representative problems in witness system. It contains what principles should conform to in the procedure of testimony collection, how to construct the rules of testimony privilege for witness and the key witness to appear in court which is adaptive of the situation of our nation. The author thinks to prevent perjury in advance the familiar practice in abroad is to swear before testimony. In our country we needn't take the same swear contents as the abroad, but we can make some changes in the form and caution the witness to state according to the facts by solemn swear. Chapter 5.The author thinks that we can try to promote witness's economic indemnity right,security protection right and acquire help right which are integrated to compose the system of caring for witness in procedure.