Research On System Of Appearing In Court As A Witness

In 1966, the form of trial is changed .The new form requires that witnessshould appear in court. But influenced by traditional ideas, a lot of witnessesdo not appear in court. We do not put much importance on Witnesses how toappear in court. In general, the ratio of witness appearing in court is very low.Only 10 percent of witnesses can appear in court. Even in some places thereare fewer than 5 percent. Judgment will be affected .The result is that thereform of the trial form failed. There are many reasons for this. Theimperfection of law systems is the major factor. In our criminal law, there arefew rules on witnesses how to go to court. So research on system of appearingin court as a witness contents is very necessary. The thesis systematically listssystems of appearing in court as a witness contents,and construct a series ofintact systems of appearing in court as witness contents. I hope this thesis canintrigue the scholars to benefit the development of theory and legislation ofcriminal law.The thesis can be divided into three chapters:Chapter One expatiates witnesses 'condition and fitness. Testimony isvery important in evidence law. Many countries put much importance on it.Even a lot of evidence can not be adopted if there is not testimony to help.Witnesses'fitness is a premise of testimony. If a man has not witnesses'fitness,he can not be a witness. First, the chapter introduces and analyses therequirement of Anglo-American law system and continental law system anddiscusses witnesses'condition. Witnesses should be natural persons exceptparties and appraisers. Furthermore, witnesses should percept the case andhave an obligation to appear as a witness in court. Regarding witnesses'condition,I define witnesses. Witnesses are natural persons except parties andappraisers who directly and indirectly percept the case and have an obligationto accept questions from investigative organizations. Second, I discusswitnesses'fitness. I tend to give few restrictions. As long as a person hasabilities to percept and remember and deliver, he can be a witness. Childrenand mental patient can also be witnesses as long as he has due abilities. Ageand spirit are just factors influencing the degree of proving.Chapter Two lists the actual state of appearing as a witness appearing incourt and studies the reasons. First, I objectively deliver that ratio of witnessappearing in court is very low. The result is that the witnesses'expressionbefore a session can be foundation for judgment. But the new form trialrequires that witnesses should appear in court and accept and answer thequestions from parties and judges. Though witnesses do not appear in court,they say what they see and hear to a policeman or a prosecutor. Second, Idiscuss two important reasons for the phenomena .The first one isimperfection of law. The second one is passive influence of conventionalculture. There are only few special regulations on evidence in the newlyrevised criminal law. And witnesses'rights are not secured. And if witnessesdo not appear in court, they will not be punished. The court can not forcewitnesses to appear in court. Fears and dislike of complaint are alsoobstacles for witnesses to appear in court.