The Criminal Litigation Witness Protection Mechanism Research

Witness in criminal proceedings is aware of relevant case the obligation to bear witness to the judiciary and enjoy the corresponding rights of protection, the parties other than natural persons. Witness testimony in identifying the facts of the case irreplaceable。However, witnesses in judicial practice, the situation is not optimistic, the witness testified to fulfill the obligation of enthusiasm, initiative, weak, appear low. Witness the delays in protecting the rights of the implementation of existing legal rights of witnesses System for the imperfect, poor maneuverability. Therefore, it is necessary to study the rights and obligations of a witness.Witnesses as an important role in criminal proceedings, in contains a number of procedural rights and obligations of the character image. Improve the rights and obligations of witnesses, will help in fulfilling the duty to testify a witness according to law, safeguard the fairness and efficiency of criminal proceedings, but also conducive to protect the basic human rights of witnesses to prevent them from testifying to worry about. Chinese law clearly stipulates that the witness should bear the obligation to give evidence according to law. Solve the difficulties faced by witnesses, on the one hand from the legal responsibility and accountability procedures to ensure the witness to testify truthfully to the judiciary, Against perjury, false behavior; one can establish with Chinese characteristics oath of witnesses the court system, different from the witness a statement of our existing system, further constraints witnesses to testify truthfully to promote its. In addition, the current Criminal Procedure Law to appear on the witness obligations to fulfill the need for re-examination and design, in particular in:Witness to fulfill the obligation to appear to be relying on local resources status, in the current legal environment does not generally require the witness to testify realistic, compel attendance of witnesses, slow the development of measures. Rights of witnesses, mainly to better promote its obligations to testify. Check against.On the safety of witnesses and their near relatives the right to protection is the protection of witnesses the most important and most critical issue. To set up a specialized agency of the witness security protection after the protection period should be extended to up to remove the hazard. Witness protection measures should be based on actual cases, divided into general and special protection measures protection measures, comprehensive witness protection to enhance and improve the operability. In addition, the rights of the witness protection system should include the testimony of the witness immunity tainted system, the economic compensation system for witnesses to testify, the privilege system, and so on. The rights of witnesses in order to facilitate the formation of a sound security system。Solve witnesses crux of the problem is to improve the rights and obligations of our witnesses, and only in the effective protection of the rights of witnesses prompted the witness to fulfill their obligations under the premise, is a more pragmatic approach. At the same time, our rights and obligations of witnesses must be considered in the design and improve the judicial practice of China's national conditions and needs, focusing on the protection of the rights of witnesses, especially to protect the personal safety of witnesses in a pivotal position.