Research On China's Protection System Of Criminal Witness

It is well known that witness is the important participant in the criminal litigation, its rate of appearing in court is the key point of wheather the criminal litigation is in the period of justice. According to section 48《Criminal Procedural Law》"Those who know the case should assume the liability of witness". But because of the lack of the protection system to the witness in our current legislation, there are only 5% of the witness appear in court and the law suffered an unprecedented awkward position.Different opinions show the reasons of criminal witness who is not willing to appear in court. The author considers that the fundamental reason is the mainly neglecting of protection to the criminal witness in our legal system, so those who know the facts of a case hesitate outside of the court and suffer a lot.The witness dare not to appear in court without safety guarantee; the witness is not willing to appear in court without economic compensation. There is not a unique law or regulation for the protecting of witness, and the justice safeguard is not in the way of legal contral, so the realization of justice becomes the result out of reach. The lack of protection to the witness has become the bottleneck in establishing a harmonious and judicial criminal legal system.Large numbers of procetection to the witness in the legislation have been set in many countries since 19th century, and so experences have been accumulated. The attempts in our legal practice have been tried and good results come ture.In this essay, the author analyzes and studies the crinmial witness protection system in our country based on the inspection, evaluation and analysis to the two main legal systems and borrowing from the foreign experiences, then the concrete conception to perfect the crinmial witness protection system is presented.There are four sections in this essay on the study of the crinmial witness protection system of our country. Section One:Summary of the meaning, significance to the crinminal witness and the protection. Section Two:The evaluation and analysis of the crinminal witness protection system of Two Main legal Systems after the inspection to the Common Law System and Civil Law System. Section Three:The summary and analysis of the crinminal witness protection system in our current legal situation, and the research of how the reasons come into being of the disadvantages. Section Four; Concrete conception to the crinmial witness protection system of our country is presented.