On The Capacity Of Criminal Testimony

The capacity of criminal testimony clarifies what kind of testimony is the essential lattice in legal meaning and can only be eligible for evidence to be examined by the cross-examination so as to prove the case-facts. It is a crucial and valuable evidence-ability system that is maintaining the core of social relations, safeguard the parties and the relevant person against infringement, guarantee the defendant in a fair and efficient trial. However, in China, this system is still not viewed with independent status, which can certifies for its insufficiency of rule from constitution, substantive law and procedural law. Therefore, it is indispensable to establish a standardized, scientific and rigorous system of capacity of criminal testimony by considerations of legislative, judicial and the rule of law principle. This article, through analysis of capacity of criminal testimony provisions in U.S. federal rules of evidence and the Chinese status quo of this system, expound the way of establishing this system in our country and conceive of its possible being.This paper's main body is divided into four part: The first part for overview of capacity of criminal testimony, giving the definition of this system, aims to establish the concept of the target that is the cornerstone of further research; The second part is on the system of capacity of criminal testimony in U.S., which offer the horizontal comparison of this system, in order to mutatis mutandis, hoping to find out and reference to the judicial practice in China more reasonable evidence rules; The third part is Chinese present situation of capacity of criminal testimony system,the research of which aims to analyze the current situation, deep exploring its connotation and provide the materials to develop the system characteristic of Chinese national custom; The fourth part for the problems and solutions of Chinese capacity of criminal testimony system is the consequence of studying the former three parts ,which is the most important part of this paper for establishing and perfecting this system in our country. Hope this thesis can touch the key of capacity of criminal testimony system at present and in the future.