The Conformity Of The Criminal Procedure On The Testimony By The Witness

Witness certificate speech is maked use of the one of the most extensive and the most widespread proofs in the pertaining to crime litigation, suffer to value because of its directing with the very strong proof dint, along with civilized development and the advance of the rule of law, will rises in pertaining to crime litigation necessarily more and more outstanding and important function. The 《code of criminal court》 that revised in 96 years establishes to rise similar controling the argue type litigation mode in the party concerned doctrine, emphasize to the witness certificate speech of when court quality certificate and attestation. But for long time, the pertaining to crime lawmaking of the our country practices with judicatory the activity inside, hazing been diding not have to witness system to value enoughly, procedure norm careless omission, the law controls not dint, causes witness do not appear at court to testifies or refuse to testify, the witness commits perjury and witness the certificate speech waits the phenomenon the widespread exsiting again and again(false certificate).These circumstanceses make seem to be more for the very limited proof resources originally short of, affect the pertaining to crime litigation purpose realizes, disadvantage in increases to judge the efficiency with handle a case the quantity. Owing to this, it is the completely necessity to think pertaining to crime litigation witness system of the our country, drawing lessons from the lawmaking of the abroad with the judicial experience, look for a reasonable and valid path, take into theimprovement to witness system.This article tries to analyse some problem of the testimony by the witness in our country, comparing with all countries witness lawmaking. In order to improvement the criminal system on the testimony by the witness, the paper puts forward some viewpoint on widening admission for the witness; establishing compulsory testimony by the witness in premise in privilege of non- testimony by the witness ; establishing as soon as possible " speech direct principle, illegal speech romeval principle, rumours proof restrict principle" the proof rule of three greatest principles, to set up the authority of the direct speech phrase; establish with the economic comparsation in the testimony by the witness ; improving with the whole set measures of concrete protection of the witness .