The Perfection Of Witness-protection System

Witnesses are important participants in proceedings and they are significant for ascertaining the facts of law cases. Witnesses are confronted with threat, intimidation and even reprisal for their testimony in proceedings may decrease one of the participants. To safeguard the witnesses' interests, some external countries have the witness protection law. But, we have not the witness protection law except some general provisions for protecting witnesses. So, we are deficient in witness protection. Witnesses should endure the disadvantageous consequences independently. The unfair treatment to witnesses cause that nobody want to testify in trial. No witness in trial is a universal phenomenon in our court. With times go on, it would be extremely unfavorable for our country striking offenders, and it would damp citizens' conviction of law.Taking the incident in which the whole family of witness made their escape and went into hiding as the clue, and meanwhile inserting some other typical cases, the article points out the present situation and problems of our witness protection system, and analysis the enlightenment that the external legislation for witness protection gives us after studying their witness protection systems and legislation patterns. The article is divided into three parts:I. The incident in which the whole family of witness made their escape and went into hiding testifies the present situation of our witness protection system. Through an analysis of the case, the author summed up the present situation and problems of our witness protection system: the witnesses' interests have no guarantee for the lack of witness protection law, staff members of judicial departments who lack of occupational quality aggravate the witnesses' dangerous situation, the effect of traditional culture increases the witnesses' torment in emotion.II. The study of the external witness protection systems and their legislation patterns with their enlightenment. The external witness protection systems have common characteristic in three aspects: definite objective for witness protection, definite organization for witness protection, concrete safeguard for witness protection. The external witness protection systems have two legislation patterns: special legislation and attached legislation. Their enlightenment to us is that we should select the suitable legislation patterns and perfect our witness protection system bases on our national conditions.III. Perfect our witness protection system. Through the proceeding two parts analysis, the author have put forward proposal for reference in perfecting our witness protection system: on the one hand we should set up an institution and determine the objective and safeguards for witness protection in legislation, on the other hand we should perfect the construction of the witness-protection circumstances , reinforce constructing the judicial workers' capabilities and improve the judicial workers' occupational qualities, fully bring the media's leading role and the schools' educational function into play to eliminate the traditional culture's negative influence in judicature.