Witnesses To Testify On A Number Of Issues

The testimony of witness is a kind of proof using widely in the criminal procedure regardless of the Anglo-American law system countries or Continental law system countries.Specially in the Anglo-American, testimony of witness enjoys the core status in the evidence system, which focuses on the old saying of"NO WITNESS NO LAWSUIT". The testimony of witness is also one of important kinds of statutory evidence in our country .Witness System is evidence of an important component of the system. The testimony of witnesses in judicial activities is the first human evidence of the use of, whether in ancient or modern times, the testimony of witnesses, the parties are members of the judiciary in addition to the statement, the maximum use of the evidence. At present, many countries in the world through legislation to establish a more comprehensive system of the witnesses, in order to protect witnesses to testify to a good environment, and raise the rate of witnesses. In China has not set up a perfect witnesses system, the judicial practice of witnesses afraid to testify, and unwilling to testify, perjury, did not testify, and so there are a lot of phenomena, which has seriously affected the court's trial as an obstacle to the realization of justice. The reason is the lack of witnesses refusing to testify and incentive mechanisms and punitive mechanisms, such as witnesses not economic compensation, witness protection is not in place, a witness not to testify will not be subject to sanctions. Although, in 1996 the revised "Code of Criminal Procedure" in section 49 of the increased protection of witnesses and their near relatives of the provisions, but because of this requirement is the principle basis for the implementation of the lack of specific and difficult to make the protection put in place, The lack of protection for witnesses, the witnesses could not dispel concerns. Therefore, improving our witnesses system is necessary. In this paper, the basic criminal witnesses on the content, and some foreign witnesses on the first system, then our analysis of the status of criminal witnesses, to identify the problems and shortcomings, the final witness to testify on China's criminal system perfect The proposal, put forward on the witness economic compensation system concept.In this paper, using the comparative method, in introducing China's status quo after the first witness to testify on some of the provisions related to foreign countries, to improve the proposed draw. Division by a total of five points, the first part of the main witnesses to testify on the basic knowledge of the system, including the meaning of witnesses, witnesses capacity and witnesses of their rights and obligations. Witness the completion of this basic understanding of the system, and for the following on a sound foundation.The second part mainly from the perspective of legislation and judicial practice on witness testimony of the significance of the status quo of the existing problems and shortcomings, and therefore the negative impact. This shows that China now witnesses system facing a very severe test. Witness the improvement of the system imminent.Part III focus on improving the system of witness testimony several measures, including (1) the improvement of legislation, a clear witness to testify obligations (2) to establish the principle of direct language (3) clear witness refused to permit the sanctions measures to establish mandatory witnesses system (4) reasonable definition of the exceptional circumstances of witnesses to testify in court (5) Establishment of witnesses sworn system (6) to establish and improve the witness protection system (7) the establishment of the witnesses economic compensation system and reward system. Endorsed the proposal with a view to establishing a sound system for the appearance of witnesses, witnesses and leads to economic compensation system.The fourth part of the witness economic compensation system through four aspects of the theoretical basis, that is, from the perspective of jurisprudence, witnesses property rights perspective, the perspective of economics and national interests in terms of witnesses the need for economic compensation system. By comparing the situation at home and abroad to explain our legislative witnesses economic compensation system quickly. In this witness made the basic economic system of compensation, that is, compensation conditions, the principal payments, the source of funding, scope, procedures, as well as eliminate witnesses requested gratuity. Part of this is the core issue in this demonstration, the author through comparative analysis illustrate methods such as personal views.This paper is part of the final conclusion, frankly, I wish they lack the ability to strongly believe that through the efforts of many legal workers, as well as a strong national security measures gradually, witnesses system surely will be the final successful.