Research On Criminal Witness Testifying System

Testimony is the main type of procedural evidence, and testifying is the critical element in criminal procedural evidence system, so criminal witness testifying system, whose core is to testify in court, became an important subject of the criminal judicial reform. As an act of law, testifying should be ruled by law, thus it is very important to definite the leading role of the direct and oral principle in both legal theory and legislation in order to make a systemized standard. But our witness testifying system has not been built up yet, and is still in the primary stage, the percentage of witnesses testifying in court is quite low, the obtaining of testimony is short of legislative ruling, and we are ignorant of the right of witness, etc. all of which make up the several poor deficiencies of our criminal witness testifying system; witnesses refusing to testify and suffering retaliation is the event of common occurrence so as to become the "tripling stone" on the way of our criminal procedural trial reform, and then it is badly in need of changing this judicial situation.The train of thought in my thesis is, by linking with the theoretical and practical models of criminal witness testifying system in other countries, to study and use their experiences which can make us achieve twice the result with half the effort; by analyzing the situation of our system, to build and modify the system scientifically which is the necessary precondition and key step to realize substantive and procedural justice.