On Perfection Of System Of Criminal Witness

Witness system is an important part of the criminal litigation evidence system. The testimony by witnesses in the criminal procedure is a key way to discover and prove the criminal facts, make the facts clear and prevent those innocent from criminal responsibility. However, since the importance of the witness system has not been adequately recognized in China's criminal legislation and judicatory system, plus the regulations on the testimony by the witness are still very simple, some witnesses decline to give evidence or refused to do so before the court; at the same time, perjury and false testimony are not rare phenomena. These are no help for improving the efficiency and quality of trials, hindering realization of criminal legislation aim. Based on experience on administration of justice and the study of real cases, combining practice with theory, this thesis elaborates on how to improve China's system of the testimony by witnesses in the criminal procedure.This thesis is trying to analysis the spectrum of the witness, including the concept of witnesses in the criminal procedure and the witness eligibility, by utilizing comparison method. It discussed the eligibility of special people acting as witnesses and the witness' right to decline to give evidence, which has not been included in the current China law system. Thereafter, this thesis analyzed the current status of witnesses making testimony in the criminal procedure in China. Based on impersonally study on the weaknesses of China's administration of justice, combined with my trial experience, I am trying to found out the causes behind these weaknesses form legislation, judicatory and social environment point of view. Based on these analyses, I come up with solutions from the angle of law. My discussion focused on how to improve the system of witnesses making testimony in the criminal procedure, including some suggestions on how to reform the procedure of witness making testimony, how to enhance the examination and verification of the testimony, how to build up procedures to protect the witness, and how to set up a witness compensation system, as well as a punishment system on decline to give evidence. And finally, from the law administrative department point of view, I come up with suggestions on distribute the simpler cases from the harder ones, and the way of judge the need and possibility of witness making testimony before the court based on China's current situation .This Thesis is Well Balanced between theory analysis and experiences on administration of justice, and at the same time using some foreign practices for reference, in order to find out an effective way to solve china's problems and improve china's witness system in the criminal procedure.