A Study On The System Of Forcing Witnesses To Appear In Court In China 's Criminal Proceedings

The witness to appear in court to testify is the requirement of realizing the justice of entity and procedure, it is also an important index of measuring whether a country’s criminal lawsuit system is complete. But in the judicial practice of our country,there is a big problem that witnesses are generally declined to testify. To solve this difficult problem, the2012’new criminal procedure law established the mandatory system of witnesses forced to testify,this is a big step forward in the system of our country’s criminal procedure. Afterwards, the Supreme Court issued new judicial interpretation,which took effect on January1,2013,made a more detailed provisions in the system. Thus China’s judiciary in order to solve this problem has been a strong move, but the system has just been set up,whether it can crack the problem of witness to testify in our country remains to be further perfected and efforts. This article first argue the necessity and theoretical basis of our country introduced this system. Then to carry on the interpretation and analysis in the system of the text level, when damiring the content of the progressive significance of the system, combined with the problems in current judicial practice, thinking deeply and discussing the shortcomings of it. Forcing the witness to appear in court to testify system is a complicated system of engineering, when focus on the system itself, we should not ignoring the other relevant supporting system. On the one hand we need to improve the problems existing in the system itself, on the other hand with the joint efforts of all parties, eventually we will achieve the original legislation, to ensure the witness to appear in the actual effectly, and give full play to the role of the security of justice.