A Study On The Problem Of Witness And Appraiser In Criminal Procedure

Criminal proceedings witness, expert witness testimony has been the theory and practice the topic of common concern. With the commencement of the reform of the "trial centered" litigation, witnesses, expert testimony as one of the requirements of the reform issue, causing the field of theoretical research and judicial practice in the field of higher concern. 2012 Criminal Procedure Law of the witnesses and expert witnesses to testify law has been modified and improved, look at the implementation of the past few years, witnesses and expert witnesses to testify in court is still relatively grim status quo remains widespread appearance rate is not high, The issues we should continue to explore further study. In this paper, through the witnesses and expert witnesses to testify in court analyzes the present situation, and then to testify unfavorable status of research the causes, propose solutions and recommendations on this basis. Writing the focus of this paper is how to create conditions so that the witness, expert smoothly into the court and judicial habit forming, and the parties to the trial witnesses, expert inquiry within the scope of the study program regulation is not in this article.The first chapter mainly provincial judicial practice S Case Status and value of the new Criminal Procedure Law implement witnesses and expert witnesses to appear. First collected witness S Four two provincial courts, the number of Expert Testimony comparative analysis of S followed Province twenty-six witnesses, a typical case of Expert Testimony from court manner, appearance reasons, the identity of witnesses, were the types of cases and other aspects of type of comparative studies, the use of the chart status quo witnesses and expert witnesses to appear to do a visual explanation. Finally Litigation Reform "In the trial centered", optimize and protect the accused the right to confront the trial structure combining practical cases confirmed witnesses and expert witnesses to appear value.The second chapter, the main factors influencing witnesses, expert witnesses to appear unfavorable status of our country were analyzed. The chapter is divided into two parts, the first part is analyzed from the legislation, the Criminal Procedure Law of the witnesses refused to appear on the written testimony of witnesses and experts effectiveness of treatment expert opinion is inconsistent; no range of witnesses, experts and the protection of narrow organs protection duties clear; low economic benefits and subsidies to identify people without provisions; compulsory measures imposed by insufficient thinning, resulting in the measure and did not play a relevant role in practice. The second part of witnesses from judicial practice, the factors expert to appear. Criminal proceedings Organs widespread "case few people," the pressure, coupled with the transfer requirements of the rules of evidence, leading to the extensive use of written testimony, judicial and procuratorial organs over-reliance on the evidence, the judge of the court witness testimony published distrust and other anomalies. Further, since the Criminal Procedure Law on witnesses and expert witnesses to testify legal provisions supporting measures in place, no specific cause witnesses and expert witnesses to appear difficult.The third chapter is mainly from the legislative and judicial mechanisms for witnesses and expert witnesses to testify path explored. In legislation, I believe that according to the status can provide limited affidavits principle, to refuse to appear in court affidavits of witnesses be excluded; witness, expert witness protection scope and protection time appropriate to expand, and unified protection authorities; on the basis of existing economic subsidies on increased incentives, social inclusion expert subsidies range, forming a monitoring mechanism and economic assistance; the compulsory measures included in the identification of human object among the refined reject the legal consequences of court staff, and exploring ways to testify in video technology in the use of testimony. On judicial mechanisms to optimize the daily work of the mechanism of three judicial organs to explore; proposes progressive development ideas principle of direct language, in order to change the status quo affidavits widespread use; strengthen limitations and exclusions of the decisive role the Court of written evidence, highlighting authority of the judiciary, the prosecutor emphasized objective obligation to reverse bias the trial staff; to strengthen the witness, expert personal qualities of the investigation and review of the comprehensive analysis of objective and subjective factors influence court personnel, judges do not change the situation, and so I believe the witness as a witness, expert testimony provided practical legislative proposals and practical measures.