The Reseach Of The Key Witness Appears In Court To Testify

The institution that the key witness appears in court to testify (KWTAICTT) in the criminal litigation is discussed in this thesis as following.In chapter 1, based on the analyses of the value of the witness testifying in criminal court (WTICC), the important effects of improving the criminal procedure law by the WTICC are discussed. The principle of direct verbalism proof is the legal basis for the WTICC as well as the inevitable development trend of the modern trial institution. The WTICC greatly helps to investigate the case and find out the facts by oral testifying and answering the questions asked by the court. By applying the right substantive law, it is beneficial to achieve the substantive justice. The WTICC makes for protecting the legal rights of the defendant, availing the defendant of full rights to defend. This favors the judicial fairness, and results in achievement of the procedure justice of the trial.In chapter 2, the status quo of the WTICC in our country is specified, followed by the reason why the WTICC has been so limited in the criminal litigation, and the deficiencies due to the absence of the witness in the trial. The fact that the written testimony instead of the WTICC is applied in court is very common in the present trial practice. This is attributed to some reasons associated with the witness himself, the judicial officers as well as the current law and regulations. The absence of the witness in court is not advantageous to find out the facts and realize the procedure justice of the trial, hereby weakening the justice efficiency.In chapter 3, starting with several specific status related to the absence of the witness in court, the possibilities of the key witness to appear in court to testify are analyzed. According to the present situation of our country, the suggestion of building up the institution of the KWTAICTT is made. The related regulations and practices of Supreme People's Court of China and Supreme People's Procuratorate of China and some regional judicial branches are listed.In chapter 4, how to perfect the institution of the KWTAICTT is emphasized. First, both the key witnesses and the exceptions to the KWTAICTT are defined. Secondly, the procedure of the KWTAICTT is conceived based on the key witness's application and way to appear in court. The last but not the least, some legislative suggestions are addressed in order to improve the supplemental institution for the KWTAICTT from protecting the key witness, compensating for the presence and obliging the key witness to appear in court.