| The witness in criminal procedure is the litigation participator who knows the case details besides the party and testifies before the public security or judicial organs. The witness is irreplaceable by others for knowing the case details, and either is his testimony in proving the truth of the case. As an important and absolutely necessary part of the lawsuit, witness testifying embodies the two requirements—entity justice and procedural justice, which is significant for propelling democracy and publicity in criminal procedure. However, witness rejecting to testify is a quite prevalent phenomenon in the judicial practice of our country. The main reason is that there is no complete and effective safeguard system for witness rights in our country; especially many witnesses worry about harmful consequences in their personal and property security because of revenge after they have testified. To solve this difficult judicial problem, the paper starts from the concept of criminal witness and the range of witness rights protection. Then, comprehensively using ways such as value judgment, fact analysis and contrast demonstration, etc., and integrating theory with practice, it analyzes the magnificence of witness rights protection in our country. Furthermore, it researches on our country's present legislation situation of the safeguard system for witness rights and its main existing problems. By using other country's advanced experience of the safeguard system for witness rights, the paper finally puts forward a series of conceptions of perfecting our country's safeguard system for witness rights from five aspects to build a good "witness society": setting up special safeguard institutions of criminal witness rights, establishing a comparatively perfect system for protecting witness' personal safety, making safeguard precautions for witness rights, perfecting rules of compensating witness' loss, and perfecting procedural guarantee mechanisms for witness' rights.
|
PDF Full Text Request