The Protection Of The Rights Of Witness In The Criminal Procedure

In 1996, the form of trial is changed. The new form requires that witness should appear in court. But influenced by traditional ideas, a lot of witnesses do not appear in court. We do not put much importance on witnesses how to appear in court. In general , the ratio of witness appearing in court is very low. Only 10% of witnesses can appear in court. Even in some places there are fewer than 5%. Judgment will be affected. The imperfection of law systems is the major factor. In our criminal law, there are few rules on witnesses how to go to court. So research on system of appearing in court as a witness contents is very necessary. The thesis systematically lists system of appearing in court as a witness contents, and construct a series of intact systems of appearing in court as witness contents. I hope this thesis can intrigue the scholars to benefit the development of theory and legislation of criminal law.The thesis can be divided into three chapters:Chapter 1 The general theory of the right protection of witness in criminal procedure. Testimony is very important in evidence law. Many countries put much importance on it. Even a lot of evidence can not be adopted if there is not testimony to help. The witnesses'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 an witness. And our country adopt the same concept of continent law department country, which is narrowly-defined witnesses'concept , its wetness 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 witnesses'concept which carried on from the expitary, it answered the problems about who can be regarded as the witnesses question and should be witness, it is different with the witnesses'definition about what kind of person can be witness. Britain, American , French or continent law department restriction of competency or few generally speaking, but our country defined who has qualification of testifying and also limited the testimony qualifications of some people while, such as physiological, defective or young, can't differentiate right and wrong, the person that can't express correctly do not qualify for testifying. The accurate understanding of witness who as the subject of right is the precondition of improving witnesses'right protection system. If the subject of right is indeterminate, everything will not be known where to begin. After the subject of right is clear, it was the value question of the right that was involved.Chapter 2 Criminal activity person advantage safeguard legislation. Divides the legislation and outside legislates the aspect to analyze. the legislation criminal activity person advantage safeguard, makes the table one kind in my person, its table one kind of advantage, namely legally does the advantage, a money pouch person other advantage base which center enjoys in the criminal activity, my criminal activity law surely guarantees the person advantage mainly is:1. the matter asks is, is comprehensive states the word the advantage; 2. Independent states the word the advantage; 3. Safeguards the personal safety advantage; 4. Obtains the judicature to inform the advantage; 5.Resists does advantage; 6. May not appear in court does the advantage; 7.Requests the conservative person private advantage; 8. Is suitable this national word does advantage; 9. Underage person advantage. Second, outside legislates the criminal person advantage safeguard, outside legislates, in the big legal system England America legal system many families made in the system in the person all to imitate the fission advantage in particular and the consistent basic legal system idea, namely the person in center fulfilled did same, however also enjoyed the advantage, even included some especially .by English America legal system America and big legal system Germany decides the example, obtains the person advantage and one, greatly guaranteed the person to be able and appears in court to do, enhanced the judicature to be fair and the efficiency. But our "Criminal Law" center have advantage and decides, namely is not comprehensive does not make concrete, but sends the judicial center person appears in court to do the aspect, therefore has the necessity to borrow the big legal system beneficial legislation to consummate my criminal activity and the criminal activity according to the legislation.Chapter 3 The ideas to improving the right protection of witness in our country. Discusses how to solve the problem of witnesses not appearing in court. I think it is urgent to construct a perfect system. First, it should dispel the inconsistent situation about the protection target of the witness criminal procedure law of our country and criminal law, propose that the protection target of the witness of our country does not need concrete regulation on witness and his close relative that at the same time, but should stipulate for the person with the practical stake of the witness and witness. Second, it proposes the improved suggestion to right defect which contacts with witness among lawsuit at present. Third, divides witnesses'rights into two parts: general rights and special rights.