Research On The System Of Witness To Testify In Court Of China

The establishment of System of Witness to Testify in Court will help implement the principle of direct language,rule against hearsay and the requirements of the principle of equality of arms, to protect the smooth criminal witnesses to testify. Study known national legislative experience,the world system of criminal witnesses, including witnesses,the general system of qualifications,the right system,the witness,witness protection system and the Witness and so on. China's current legislation system of criminal witness qualified principal witness,witness protection, and has done a number of witnesses to testify,the provisions of the relevant provisions are too principle, lack of operation,there are some problems related to the system, current judicial practice in China,judiciary,judicial resources,and existing modes of trial witnesses would have significant impact. Deficiencies in legislation and judicial factors combined with the traditional and cultural factors directly led to extremely low in China witness the reality.System of Witness to Testify in Court of China should draw on the main two legal representation of countries and Hong Kong, Macao and Taiwan region of China legislative experience,complete the following aspects: First,should improve the system of criminal witness the guiding ideology,the establishment of justice to identify facts of the case and found the truth,to protect witnesses, the suspect's legal rights as its core guiding principles;second,to perfect our system of criminal witness specific provisions:First of all, clear from the scope of the witness, clearly stipulates the obligations of witnesses to testify truthfully and to the consequences of not testifying,the witness did not testify in the case of perfect three perfect witness qualification system,the rational allocation of witnesses obligations. Second, we should learn from foreign experience in national legislation in our country, improve the system of witness rights, the right to a reasonable allocation of witnesses, witness fees provided witness Compensation system privilege system. Furthermore, a clear and perfect from the main body of witness protection,protection of the object, scope and content, the protection stage, start programs and protection methods should perfect witness protection system to protect the legitimate rights and interests of witnesses. Finally force witnesses from the perfect process, improve the specific procedures for witnesses two witnesses complete system to protect the true witness to testify.