A Study On The System Of Testimony Of Criminal Witnesses Appearing In Court

The fourth plenary session of the party’s 18 proposed trial centered lawsuit system reform deeply influenced all aspects of evidence in our country, especially the witness to appear in court to testify has important guiding role. The witness to appear in court to testify system is the important part in criminal lawsuit system in our country, the system to ensure the justice of criminal procedure is of far-reaching significance. The witness to appear in court to testify is judge needs to determine the case facts. also is the need of the defendant exercise the right of cross-examination. At present, the witness to testify in the of proof, cross-examination and certification respectively faced cross-examined the witness to appear in court rate is low, the effect is not good, the widespread use of written testimony is not restricted.Behind the witness not to testify under the System of Dossier Transfer of entrenched and investigation files Notes centrism. Our long-term general criminal trial is not restricted the use of written testimony, although they can not protect the defendant’s right to cross-examination. but also the lack of testimony to ensure authenticity, but there are also reasons for the presence of necessity. Written testimony is an important part of the record files, criminal judge by reading the prosecution’s transfer record files to expand pretrial activities, and as a basis for the referee. Further speaking, behind files written testimony and transcripts Center is an investigation into centrism. Investigative procedures have a decisive effect on the verdict, there is no evidence collected by the investigation procedure, the trial can not proceed, Investigation centrism in our long-term criminal proceedings occupy a very important position.Centralism of judgment. as a modern state of law recognized a basic principle of criminal justice has become the only way of achieving a just judiciary that judicial reform core objective. In the trial-centered perspective to analyze the problem of witnesses, the basic content should proceed to trial centrism Dialectically relationship. The judge found independent evidence, the substance of the trial, principle of direct language, the defendant’s right to cross-examination of these four levels require witnesses.Faced with the current problems of witnesses, persist in reform and the direction of the trial centralism, improve the Witness System has become an important topic of Criminal Procedure Reform. We need to implement the principle of direct language. Restriction of the use of written testimony. Transfer files need to reform the system, which is a fundamental policy to solve the attendance of witnesses rates. Judges need to increase the motivation of witnesses to testify, to ensure that people’s courts exercise judicial power independently and impartially need to reform the system to summon witnesses, to protect the rights of the accused drew of witnesses, to ensure the defendant’s right of confrontation.