The Defects And Perfection Of Criminal Witness' S System Of Forced Appearing In Court

The system to force witness to court is on the basis of the civil duty of testifying. Present legal system of China specifically stipulates that the witness should bear the obligation to give evidence according to law and that the testifying witness shall be protected, and that the testifying witness shall be compensated for its testifying behaviors causing some economic losses. However, the aforementioned legal regulations cannot meet the requirements of juridical practice completely, with the following problems, in theory and practice:(i)the range of witness must to court is ambiguous; (ii)the methods to force witness to court are too rude, resulting in the bad performance; (iii)the punitive measure for witness refusal to court is not comprehensive enough; (iv) no enforcement authorities is specifically charge of safeguards for witness; and(v)prompt and effective remedy procedure is lack for witness whose rights suffer damage. The key to solve the problem mentioned above is to reasonably restrict the discretionary power of the judge and the exception provision for witness to court, to scientifically formulate punitive measures and enforcement measures, and to improve the witness protection measures to balance the rights and obligations of witness. Therefore, this paper summarizes the deficiencies of the existing legal system and put forward some ideas and suggestions to the system to force witness to court in our country based on the reference of foreign experience, as follows:Chapter 1 firstly introduces the basic concept of the system to force witness to court, and then analyzes the necessity and significance of the system, and finally analyzes the theoretical origin of the system.Chapter 2 mainly analyzes the defects in legislation and the drawbacks of the existing legal system, as a theoretical foundation for the improvements in Chapter 4.Chapter 3 mainly analyzes the relevant provisions of the mandatory measures and safeguard measures in countries of Anglo American law system to force witness to court, to provide a basis for our country’s legislation experience.Chapter 4 provides a complete set of recommendations on the basis of the above, in order to solve the contradiction and ambiguity in the existing law system and provide sufficient foundation and specific and feasible measures for judicial practice.This paper uses empirical analysis method and comparative study method to summarize the beneficial experience between the legislation of our country and foreign countries, and provides the improvement direction and perfection space for the system to force witness to court.