On The System Of Witness To Testify In Court Of China

The testimony of witnesses is one of the seven types of evidence provided in China's Criminal Procedure Law. According to the common practice of modern countries, the witness must give evidence at court, otherwise it can not be used as effective evidence . The practice of these countries has proved that witness to testify in court is one of the most direct and most open, most scientific proof of the form. The mode of China's criminal trial has changed from the inquisitorial to the confrontational after the Criminal Procedure Law of the PRC was revised in 1996, it means that witnesses will to testify in court and to be inquiried by the prosecution and defence, the court, with a view to the maximum proximity between the fait juridique affirmed and the objective facts.But the statutory obligation of witnesses to testify in court is not recognized and accepted by ordinary citizens, this reform in the judicial practice has not received the recognition of the judiciary, the rate of appearance of witnesses in many parts of our country is still close to zero.A great deal of study and research has been done in the theoretical circle about What has hindered the system after the implementation of the revised Code of Criminal Procedure in the more than 10 years, and a series of academic achievements have been produced, recommendations of legislation and Judicial are made in order to perfect the system.The author believes that the three issues should be resolved before witnesses to testify in court: firstly,the mandatory system of appearance of witnesses, that means, it is the statutory obligation of witnesses from the legislative requirements; Secondly,the willing of witnesses to testify in court, which protects the rights of witnesses to testify in court; Thirdly, the courage to testify in court, which is to solve the safety and security of witnesses. In this paper, on the basis of research results of the experts from various sectors , through the comparison of the system of witnesses to testify in court about other countries,the author analyzes the status quo and causes of the appearance of witnesses in China, and proposes how to improve the rate of the testimony at the level of legislature and the judiciary on the basis of a criminal trial judges of the grass-roots unit,such as the principal of option of witnesses to testify in court, the establishment and operation of the witness protection mechanisms, the establishment of mechanism of national unconditional paied in advance,with a view to perfecting the system of the appearance of witnesses in China.This paper is divided into four chapters, as follows:Chapter 1 is the "Summary of the system of witnesses to testify in court".It mainly consists of the concept of the witness and the testimony of witnesses, the classification of witnesses, the status and role of the testimony of witnesses and the need for witnesses to testify in court.The second chapter is "A Comparative Study of witnesses to testify in court". It is mainly about the legislation introduction of witnesses to testify in court about common law system, civil law system and international law, including the mandatory of witness to testify in court and the rights ,protection measures to ensure the appearance of witnesses, and a brief analysis.Chapterâ…¢is " the status and causes of witnesses to testify in court in China ." It introduces China's current legislative status quo and the status of judicial practice,deeply discuss the three major aspects leading to the reasons for the status quo from the witnesses themselves, legislative and judicial reasons.Chapterâ…£is " The reconstruction of the system of witnesses to testify in court in China." It introduces the main practice of the part judiciary to raise the rate of a witness to testify in court, discusses how to improve continuously the rate of witnesses to testify in court from the two from of the legislative and judicial levels by perfection and implementation of the system.finally the author proposes the legislative and judicial recommendations.