Witnesses Confused And Measures

My having "Perplexity and Strategy in Appearing in Court as a Witness" is based on such considerations: Nowadays, appearing in court as a witness is both a hot point and a difficult point. So probing into this problem not only means a lot in theory, but in practice. It's a certain requirement to acquire justice in a lawsuit that the witness should bear witness in a lawsuit, especially after the reform of Chinese criminal procedure law in 1996. the testimony of the witness becomes more and more important however, the fact that the witness fails to appear in court or provides false testimony is becoming very impartment isn't in tune with the adversarial trial gradually introduced, making the problem more emergent. For the sake of the real implementation of the adversarial trial and the achievement of justice in a lawsuit, it's very necessary to probe into the mechanism in appearing in court as a witness and analyze the age-old malpractice of it and find out how to get rid of the perplexity in appearing in court as a witness. In solving the problems, the essay consists of three parts:The first part: the inner mechanism in appearing in court as a witness. As the basis of the assay, this part deals with the inner reason of a witness to appear in court, The importance of it is shown by the testimony of a witness. The contents of the testimony is related to the facts of a case partly or wholly and tend to verify the law relationship concerned partly or wholly; the testimony bears the characteristics of objective reality; the testimony is a live proof, bearing the characteristics of being lively, audio-visual and direct, etc. The significance of appearing in court as a witness are as follows: l.It's inevitably inquired by the adversarial lawsuit and it helps to find out the truth of the case fact. 2.It's one of the important rights of the party to a lawsuit to ask the witness to appear in court. 3.It makes sure that the direct and word principle is implemented completely.The second part: the problems of appearing in court as a witness in Chinese criminal practice. The part illustrates the imergency of the witness to court and probe into the reason why the witness fails to appear in court and provides the present situation and defects in the protecting system of the witness .The reasons are as follows: 1 .From the eye of psychology, it is the external embodiment of the witness' negative psychology.2.From the eye of economics, Lack of economic profits is the outer cause of the witness' refusing to appear in court . 3.From the eye of sociology ,it's related to Chinese traditional culture and national psychology. 4.From the eye of the rules of present law. Lack of definite obligation and the mal-balance of the rights and obligations are the reasons in system. 5.The imperfect of the protective mechanism in the rights of the witness.The third part: the measures to get rid of the perplexities .1.publishing provisions must be made as to the refusal to appear in court. 2.in legislation, the rights for the economic compensation should be endowed definitely to the witness. 3.the personal protection system of the witness and the relevant accompanying measures should be perfected. 4.the pledging system of the witness and exemption from subpoena as itness must be formulated. 5.direct and word principle must be implemented .the hearsay evidence must be restricted, and the of cross inquiry must be established.