| The system is that the amended criminal suit court of our country examines one of the important change contents that the witness testifies in court, it is a key of realizing the court's trial of " debating type that accuse of ", and is the problem most difficult to solve in the judicial practice too. A witness is the person who has some experience related to the special case and has the duty to report it to the court, and he is an important attendant in lawsuit. The conception to a witness is different in English-American and Mainland law system. The difference represents in the range of the witnesses. The range in English-American law system is wider than that in Mainland law system. First of all, the proper quality is the precondition of the testifying system.The qualifications for a witness must be specified. The requirements or qualifications for a witness means that what kind of people can serve as a witness and what kind of people can't serve as a witness, and it consists of two factors: the ability of a witness and the fact experienced. The value of testifying in court as a witness lies in: I. On the aspect of law theory, a witness accepts the enquiry of the two parties and attesting the proof in court is capable of identifying the reality correctly. So it embodies the principle of direct oral testimony. II. On the aspect of lawsuit, this system embodies the essential of public trial and realizes lawsuit aim. If the witness not to give evidence in court, then the effective counterwork can't be carried through between accused and defender and the balance between them cannot be guaranteed either. III. On the aspect of law govern in our country, the system can make court trial more transparent thus people will believe in the authority of law though the public court trial, and it will also be helpful to reach the aim of governing nation by law. IV. On the aspect of human rights, the system can maintenance the most important and essential human rights of the accused furthest. But at present, the testifying rate of criminal witness of our country is generally very low, substitute witnesses with written witness'testimony and the witness is unwilling to appear in court even refuse to testify, these phenomena exist seriously, cause the court's trial of accusing of the debating type to become a mere formality, is contrary to in the original intention legislating. Complicated factor that the witness is unwilling to testify, including psychology, the society, the idea, but the most important reasons are: Firstly, there are defects on the legislation. I Legislative regulations are unclear and illogical. The witness can adopt and testify to perform duty of testifying in court has stated the way of the details of the case that oneself knows orally to the court, can adopt and does not testify in court either, is made their testimonies into putting down in the court in the way to read out by judicial personnel. The two passive consequences of contradictive production includes the following, on one hand the witness thought that did not infringed the provisions of law either without testifying by oneself, it is unwilling to testify in court; On the other hand, judicial staff will consider it priority to take and read out witness' testimony in order to reduce the work load. II Having not stipulated legal consequence of that the witness refuses to give evidence in court. To verify people that refuse to perform duty of testifying in court lack of the mandatory regulation in our country's criminal procedure law, and there is not a corresponding sanction measure. Refuse to testify, not bearing any legal liability, this kind of obligation without responsibility is insecure. Secondly, the witness' obligation and right are out-of-balance seriously. It is not distinct showing as amended criminal law and verifying the right that people stipulate, not treating witness as subject of right, fundamental rights , such as having no privilege to stipulate that witnesses may refuse to bear evidence of their close relatives and witnesses have no economic compensation ,etc.. Thirdly, do not have sound witness' protection system. Because there are no clear duty, concrete protective measure, without full-time protection personnel, the protection which verify people only stays in the protection, personnel protection , declaration type protection domain in hindsight. There is narrow protection domain, has ignored the protection to the defendant, and his close relative's rights of the person, property.Fourthly, judicial personnel should enhance their own law culture. First of all, because judicial personnel attach importance to testify in court insufficiently, afraid that the witness will present the unexpected change to testify during the course of trial, then replace witnesses by reading out witness' testimony in practice to testify by oneself. Next, because some judicial personnel are the legitimate rights and interests of collecting evidence and infringing the witness, thus make witnesses keep a unconfident and uncooperative attitude against them, and must restrict the possibility that the witness testifies, especially bear evidence in court. Perfect witness' system of testifying in court, we should take corresponding countermeasure and measure: First, witness' right qualification should be defined accurately, cancel and verify people's wrong regulation in the criminal procedure law. Second, perfect witness' protection system and should be perfected from the following respect: (1) Defining the protection target range of witness' protection system, the witness range protected should be all witnesses performing duty of testifying in accordance with the law and his close relative, no matter this witness is a prosecutor or belongs to and debates the side; The witness should include the injured party and his close relative too. (2) On witness' method of protecting, must emphasize that the witness protects the importance of the preventative work , insist on defending and attacking the principle regarded as equally important in advance and afterwards. (3) Case range defining witness'protection system while implementing , starting the terms and responsibility system. According to actual conditions, impossible and not essential to take the protective measure to all witnesses, so should depend on concrete conditions .The concrete conditions involve what kind of cases, when, to whom and what specific measure should adopt to protect witnesses. In fact, not all the witnesses want to be protected. (4) Set up perfect witness' identity secrecy system. What witnesses worry about during the trial process is discovery of actual names and addresses. So, these information should be keep secret. (5) Set up and testify the insurance premium for the witness. Invest the personal unexpected injury and property to insure dangerously for the witness that testifies, have not only lighten a part that the judicial authority protects the witness to bearbut also avoided the witness' worry. (6) Strengthen the consciousness that judicial personnel protect the witness. Make the relevant regulation to investigate judicial personnel's malfeasance behavior in protecting witnesses, in order to strengthen this kind of consciousness of theirs. To improve and establish the procedure for a witness to give evidence in court the procedure measures we should take include the following content. Firstly, in the aspect of lawmaking: 1 Promote the duty of appearance in court to give evidence to the duty of constitution and establish the compulsory system of witness appearance, and avoid the antinomy and conflict in lawmaking to give up the idea of reluctance of appearance in court. Therefore, Item 47 in Criminal Procedural Law should be abided by and carried out rigidly. The concrete and clear definition for exception of the case that a witness cannot appear in court because of special reasons should be regulated. 2 Define that the court notifies the responsibility subject that the witness appears in court. 3 The privilege of exempt duty of a witness should be established. 4 On the other hand, in the aspect of justice, what we should do is following: 1 To build up the consciousness of legal in our society through enforcing the extent and degree of publicizing legal knowledge and let all the citizen realize it is their obligatory duty to appear in court to give evidence, and then engender a society view of being proud of giving evidence in court. 5 Set up witness' testimony vow system. This system has been established in many countries and regions in the world ,and it should be drawn from these relative countries and regions because of its function of restricting witness from making false testimony and so on. 6 Establish the system of compensation for witnesses. This system can compensate the necessary expenditure of witness using on appearance in court,and it will encourage witnesses to cooperate with justice department. 7 Set up the compulsory measure that the witness testifies. Draw lessons from the foreign legislation, set up and amplify legal liability and sanction measure that the witness refuses to testify, safeguard the authority of the administration of justice. Therefore, the action of refusal to appear in courtwithout lawful reasons is endanger behavior against the whole society, and it will disturb the normal activities of justice department, so should be punished in economic, administrative, and criminal ways. 8 Add the crimes of "contempt of court"and "refusal to testify "to our country's criminal law. The two item of crimes are necessary to be set up in our nation's entity law, because they can solve the problem in justice practice that witness, especially key witness absence of appearance in court leading difficulties in criminal trial. 9 Set up the national compensation system of forcing witnesses to appear in court. In order to protect witnesses'interests and rights the relative law and rulers on compensation should be established. The compensation system can strengthen witnesses'belief in the authority of law. In administration of justice: Firstly, strengthen law publicity and legal education, strengthen the citizen's legal system consciousness, make citizens really realize that it is one's own duty-bound responsibility to testify in court, and form the glorious social conduct of a kind of testimony. Secondly, strengthen the judicial building of contingent in a more cost-effective manner, improve one's own quality of staff members of judicial authority. This requires that judicial staff members want to change the thought of that kind of "officer's standard "in the past. The idea of human right and the procedure's value should be strengthened in their minds. Thirdly, as staff numbers in judicial department must change those kind of idea of only paying attention to collecting witness' testimony and paying little attention to the method of giving evidence in court. Only the qualifications of a witness is defined, the unassailable procedure for a witness giving evidence in court is established, the guarantee system of a witness'rights is supplemented and improved and the status of a witness is improved, can the criminal procedure be more smooth. Thus it promotes the criminal procedure a sound development.
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