A Study On The System Of Forcing Witnesses To Appear In Court In Criminal

This thesis mainly discusses Compulsory Testifying of Witness in Court in the new criminal procedural law. Based on the actual situation in our country,the domestic and international system of Compulsory Testifying of Witness in Court is compared to improve our criminal witnesses mandatory system and to ensure that the system of Compulsory Testifying of Witness in Court is effectively implemented. The thesis is divided into five parts, including:The first part draws the conclusion that the compulsory way is the last resort to ensure witness testifying in court, and that it is also a progressive complement to the system of Testifying of Witness in Court from the aspect of ideational function of Compulsory Testifying of Witness in Court.The second part discusses the fundamentals of law of in the new criminal procedural law to show the legitimacy of the system.The third part proposes the concept of structuring the system of Compulsory Testifying of Witness in Court from the aspect of procedure and the aspect of the confrontation right of the accused. This concept is proposed based on the basic theory and legal regulations of system of Compulsory Testifying of Witness in Court after comparing the similarities and differences of the system.The fourth part talks about the main content of the system of Compulsory Testifying of Witness in Court from the aspect of the legislation background and the setting of specific rules. This part also analyzes the problems existing in the System.The fifth part poses measure to improve the system of Compulsory Testifying of Witness in Court and to solve the problems existing in the system to ensure the system of criminal compulsory witness to testify really take effect.