Some Of The Problems Of Criminal Of Witness

The reason for criminal proceedings during judicial proceedings to comply with only one purpose - to identify the truth of the case, in this based on the correct application of substantive criminal law to punish the guilty, protect the innocent against being investigated for criminal responsibility . Put simply, is "Treating Unjustly not vertical," "seek truth from facts", "right wrongs." Of course, "make bricks without straw his tools." To achieve this goal, legislators will have to design a more scientific and rational criminal proceedings. Criminal exercise the right to witness the system as a tool,Reflects the process of open, transparent and full participation of the parties, procedural justice, of course, the statutory procedural requirements;Reflects the concept of power is also constrained by legal action to protect the evidence on the evidence obtained capacity.The exercise of public power is not the ordinary citizens the exercise of investigative powers to monitor,Can guarantee the legitimacy and the probative force of evidence, prosecution of criminal activities to enhance the national process and results of the credibility and seriousness, both accurate and adequate punishment of crime, double the value of protecting human rights.Shows that the system of criminal witness is crucial in both legislation and practice, however, there is a big problem.Legislation did not clear the status of witnesses; the witnesses to the normative system of conflict; witness the choice is not clear; does not provide rights and obligations of witnesses.In practice, investigators institutional awareness of the witness is not strong, to invite witnesses to have arbitrary; witnesses have no knowledge of the rights and obligations; the court system in violation of witness evidence of the effectiveness of different evaluation criteria, etc. World, countries are not the same witness the system's attitude,There are mandatory witness to Russia, Italy, represented by; free witness to Taiwan, France, represented by; exclude testimony to Japan as a representative. Countries with different legal systems of criminal proceedings against the model vary, witness system is based on the mode of action against the existence of, so different models produce different witness against the system. We can not simply comment on what kind of witness the system is good or bad, only for their own national conditions is good. Therefore, under our present system of presence and witness problems, combined with China's national conditions, referring to foreign methods, for reform in legislation, ideas, updates on specific measures to refine. I believe that Russia should learn from the practice of compulsory testimony, but allowed to retain some flexibility, and freedom of compulsory witness testimony combined system to force the witness-based, free, supplemented with Chinese characteristics witness testimony of the system.Witness has such an important role, however, China's legislation is not perfect. Witness system imperfections lead to abuse of power by the judiciary, without permission law enforcement, not only harm the suspect, the defendant's legal rights, but also undermined the image of judicial impartiality. Therefore, the proposed witness reform program is built on a solid concept, only the concept of establishing the correct procedure can be implemented step by step process of reform. Perfect witness system, a sound of great significance to China's Criminal Procedure. I look forward to with Chinese characteristics, the system of criminal witness in the near future to establish and perfect together.So as to create a credible lay a solid basis for criminal investigation procedures.