Criminal Witnesses Program Theory

The system of witness is one of the important parts of criminal evidence system. Witness's testimony contributes to disclose the crime, confirms the crime and safeguards party's legitimate interests. After the code of criminal procedural is amended, it establishes a model which is similar to the western procedural structures. The new model stresses that the witness's testimony should be examined and proved to be genuine in court. But for a long time, the criminal legislative and judicial acts don't pay more attention to the system of witness, the regulation of procedure is poor, the binding force of law is weak, the result is that witness doesn't give evidence in court, refuse to giving evidence and give false testimony. This present situation leads to the limited evidence is even more short, and also affects the objective of criminal procedure to realize. Along with the procedural reforms carrying out and developing, witness appearing in court becomes the key of the matter to stick to public trial and strengthen the function of trial. The position and effect of witness's testimony are more outstanding. Therefore, the author thinks that we should think over the witness's system, use the experience of other countries for reference and find out a reasonable and effective way to push procedural reforms and realize the judicial justice. The way must be the procedural reforms.