Right Of Witness And The Research Of Safeguard

This article regards right of witness of our country as the research object. It combines the justice practice of our country's conditions and witness's testimony, uses the comparison method, analyses the problem existing in the current testifying of witness. This article comes to the conclusion that: the suitable benefit request of witness should be respected while emphasizing witness' testimony obligation, and the key to solve the difficult problem of witness' testimony lies in that strengthening the construction of witness right system of our country and ensuring its realization. Safeguarding witness' right is the human rights safeguard concrete application and the deepening, simultaneously it also can safeguard witness positively to testify, reduces the malpractice which witness does not appear in court to testify, promote its voluntary fulfilling through safeguarding the realization of the witness'rights, and finally form the benign interaction pattern of witness'right and duty. The article divides into three chapters. Chapter one, the witness' main right. This text has enumerated the right that the witness should enjoy at first, and it is the prerequisite and foundation of analyzing and proving witness'right safeguard. Witness should enjoy four aspects the rights: the right of refusing to testify, the right of security keeping, the right of economy compensates and the exemption right of stain witness. The realization of safeguards witness right is for urging witness to fulfill the duty positively, and witness duty fulfilled guarantees witness'right as well. Chapter two, the negative influence of fairness of lawsuit by ineffective witness right safeguard. By analyzing, the present situation, which witness appears in court to testify in judicature practice of our country, the article points out that the congenital causes of"the low rate of witness'appearance in court, even no appearance in court" are lacking right in witness safeguard system in the legislation and inefficient witness right safeguard. Finally, the article further analyzes the negative effect of our country judicature work, which the low rate of witness' appearance brings to us. Chapter three, according to the present situation of witness safeguards the system in our country and learning from other countries, which has mature legislation experiences, the article offers the suggestion of perfecting the witness' right safeguard system. It attempts to clear away some obstacles that the witness testifies with the institutional right and provides some beneficial references for integral design of witness system.