The Research On Criminal Witness Testifing System

The testimony of witness is a very prominent problem which troubles judicial practice in our country. Witness plays a crucial role in identifying the facts in the criminal proceeding, but it is a widespread phenomenon that the witness don't want provide evidence, especially testify in court, that means we need a scientifical and reasonable witness testifing system to protect and regulation. As the criminal witness testifing system is uncertain that can not come off satisfactrily in practice.According to the elementary theory of criminal witness testifing system, it has a unique conception, property and basic content. Testifying is the obligations of the criminal witness as well as the rights, which including subject, content, form and some other general contents. The criminal witness testifing system should adhere to some principles, such as principle of procedural justice, principle of evidentiary adjucicatio, principle of direct and oral trial. In western countries, whether in common law countries or in civil law countries, have its rather complete criminal witness testifing system, although different from each other, but have some similarities, and both of them showing a trend of reference and integration. The criminal witness testifing system of our country is still have some defects which should be improved from four aspects as below, the improvement of the the criminal witnesses'appearance system, setting up a incentive system about the appearance of witnesses, the establishment of a complete witness protection mechanisms, the establishment of the system of witness'freedom from proof under certain conditions. The key point of the improvement of criminal witness testifing system is to establish a incentive system about the appearance of witnesses, which including the establishment of the compensation system and to favor public citations and material rewards to those who appeared at court as a witness. The basis is the economical compensation to the witness, and the point is the public citations and material rewards, which the former place first.In short, the perfecting of the criminal witness testifing system is an important element in promoting judicial system reform, which will have important theoretical and practical significance in enhancing witnesses'appearance rate, protecting legal rights of defendant, safeguarding smooth operation of criminal litigation activities and fulfilling the value goal of the fairness and efficiency of criminal proceedings.