On The System Of Criminal Witness To Testify In Court

In criminal cases, the evidence is the soul, because of evidence collection, review, judge and use throughout the entire process of criminal proceedings. The testimony of witnesses in criminal proceedings as an important and irreplaceable evidence of the facts of the case found plays a key role. The testimony of witnesses will not only help the judge to identify cases of the true situation, but also a fair criminal trial proceedings of great significance, is very necessary to study important issues. The testimony of witnesses is an essential part of criminal proceedings is the basic requirement of a modern judicial system, but also the key to ensure judicial impartiality. To achieve a fair criminal proceedings, in addition to a fair trial, entities, and also required procedural justice. In particular, a witness to testify in court to accept control, defense of both inquiries and cross-examination, in order to provide equal opportunities for both prosecution and the defense will help find out facts of the case, the correct anti-crime activities and safeguard the legitimate rights and interests of the accused; are conducive to increasing the case to the transparency, promote judicial justice, to solve the difficult problem of witnesses to testify on fair, reasonable and efficient way to hear cases of great significance. However, the attendance of witnesses in criminal judicial practice is too low and the written testimony of witnesses in the court transcripts unimpeded, has seriously affected the fairness of the trial court and the authority of the emergence of a number of trumped-up case this is not unrelated. The main reason is: inadequate protection of witnesses, witness rights and obligations of imbalance, the witness is no reason why the consequences of non-appearance is not clear, there is no compensatory measures related to the witnesses to appear and so on.Witnesses to testify in the current judicial practice, although a certain degree of success, but at the same time exposed a lot of issues that must be improved. In this paper, Zhao intentional homicide of an entry point for analysis, using comparative study of methods to be analogies related systems outside the comments, absorption, building on its outstanding legal results, combined with China's specific conditions and judicial experience, that : the improvement of legislation, establish, improve and perfect the appearance of witnesses in witness protection, compensation system, is no reason why the witness fails to appear, sanctions, such as the right refusals of the witness; vigorously pursue legal construction, improve the legal awareness of citizens and strengthening the judicial ranks is the resolve criminal witnesses key to the problem.