A Study On The System Of The Witness Protection In Criminal Proceedings

As very important evidence, the testimony of witness has been used widely since it came into being. Despite of the rapid pace of the society, some new evidences including audio-visual materials and electronic evidence appeared. Because of its own inherent characteristics, other evidences do still not replace the testimony of witness. There will be witness in most cases, so it makes witness's role become more prominent. On the one hand, witness presenting at court is his legal obligation. On the other hand, the testimony of witness will be read if he is not at court (it is often adopted in practice by the court). Obviously, these regulations are contradictory. In practice, there are many citizens who don't appear at court because of being retaliated upon by the accused. Even some witnesses can't find any agencies to help themselves after testifying. Some related agencies fail to eliminate the dangerous factors promptly and effectively. So it will be more difficult for witnesses to testify in future and we can't find the truth for passing a judgment. Moreover, threat, intimidation and retaliation against witnesses will become more seriously. In this way, the system of criminal judicature in our country will not be operated effectively. It is unavoidable. All of this will have a serious impact on our society and it will go against the construction of China.In order to overcome this problem, it is very important for us to establish the system of the witness protection in criminal proceedings. This is also my purpose of study on this system. As a law studier and practice, the author believes it is very necessary for us to study the system of the witness protection in criminal proceedings completely profoundly and systemically. Therefore, the author tries to elaborate this system from several angles in this paper and use the foreign favorable experience for reference actively. After all, many theories are coincident. The author also tries to discuss a comprehensive and systematic system of the witness protection on the basis of other studies. So it will be useful to the theory and the practice of China criminal judicature.In this paper, the author uses the comparison and classification as the main methods including model-analyzing method and case-analyzing method. The paper covers five chapters in which the author discusses the basic problem of the system of the witness protection in criminal proceedings at large.In chapter 1, the author mainly discusses the basic conception of this system. Then the author gives a study on its background and character materially. This chapter is the prerequisite and basis of the following four chapters. It provides a solid groundwork for the next content.In chapter 2, the author mainly analyzes the system of foreign countries at large. Thus the author draws a conclusion of its basic content.In chapter 3, the author mainly discusses the status about it and points out a series of flaws and problems of current legislation and practice in our country.In chapter 4, the author gives a discussion of the necessary in perfecting this system in China. Then the author analyzes the value of the system in contemporary China briefly. Therefore this chapter provides an adequate basis to the next chapter.In chapter 5, the author mainly discusses the problem of improving the system of China. This part mainly contains the basic principle we should adhere to and some specific arrangements which the author has put forward.