| Problems and countermeasures on offering evidence by criminal witness:The reform of court hearing in China is facing a tough problem——few criminal witnesses appear in court, which affects the reform directly. Due to the low appearance rate of criminal witnesses in court, equal and just cross examination fail to the realized. As a result, verdicts based on statement prevail, and court hearing is only for show to some extent. Given the fact that the problem——few criminal witnesses appear in court will last a long time, how to improve the condition and reform the related system is the main idea of the essay.Compared with the measure of copying the witness system in the common law system, realistic countermeasures are put forward in the essay according to the condition at present on the basis of analyzing the problems——in accordance with the aim and steps of constructing market-based economy system and realizing a moderately well-off society, perfecting basic criminal procedural law systems, meanwhile, using the models of the common law and the civil law systems for reference, reforming step by step towards the aim of United Nations Standards and Norms in Criminal Justice. The countermeasures in detail include: first, the obvious conflicts between clauses of law about the appearance of criminal witnesses shall be removed in a way; second, balancing witnesses right and obligation and improving the system of protecting witnesses; third, enhancing the admissibility of statement under the absence of criminal witnesses through just pre-trial procedure; forth, adding a pre-trial preparatory process in which necessary witnesses must appear and be cross-examined; fifth, exploring new scientific equipment for testifying in or out of court in order to realize cross-examination under unavailability of witnesses.In order to realized the aims mentioned above, internal disciplines and achievement assessment may help to urge witnesses to appear in court. |
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