Research On Witness' Right Protection In Criminal Suit

The appearing rate of witness in court in the criminal suit activity of our country is lower, the system of witness' right protection is not perfect, the regulations of the law rights and obligations of the witness are out-of-balance, responsibility is indeterminate, participate in lawsuit activity and perform duty of testifying are not corresponding with effective protection of witness, this is a main reason which leads to the appearing in court rate of witness is low, the phenomenon of refuses to wit is general , the defendant's right to defense is difficult to realize, the court's trial reform becomes a mere formality. Set up and improve criminal suit witness right of activity protection system become more and more important to legislated and judicial authority gradually , some experts and scholars pay great interest in it and put forward a lot of good opinions and suggestions. Therefore, establish and set up the right protection system of witness are significant to improve witness' testimony at present, ensure the witness' legitimate rights and interests, promote the reform of the court's trial way.This article began with the witness' meaning, explained the witness' concept and qualification separately, and compared and analyzed these two definitions. The witness' concept which some countries adopted is generalized understanding, for example Britain, American and French adopt the generalized understanding , among them the witness means the person who testify in court's trial after making vow, party (except prosecution ), surveyor may serve as witness. And our country adopt the same concept of continent law department country, which is narrowly-defined witness' concept, its witness refers to the other person who find out about the truth of the case through the route of participating in beyond lawsuit activity and independent of criminal offence at the same time , excluding party and surveyor . In the definition of the competency, it defined the competency is to have the definition to the witness' concept which carried on from the epitaxy, it answered the problems about who can be regarded as the witness' question and should be witness, it is different with the witness' definition about what...