Study Of Criminal Witness Qualifications

The witness and testimony is one kind of the most important evidence to expose the crime, verifying the real situation of the case, maintaining the litigant lawful right. It is also one of the most widespread and universal evidence. because it has the substantivity and the stronger proof strength prepares the value. But, the reality of the witness and testimony is based on the suitable standard of the witness. If one cannot testify at all,his " testimony " obviously does not have the persuasive power and the certificate strength. Recognizing the witness correctly, can greatly enhance the reliable coefficient of the evidence and guarantee the persuasive power and the confidence level of his evidence from the main body . Therefore, the question of the witness' qualifications is the most important question among the witness system. The most important goal of the system of the witness 'qualifications is to safeguard the witness testimony for the greatest limit objective and the connection. Therefore, the research which to verify the question of the witness'qualifications has the extremely important value of the theory and the practice. This article mainly is to propose further consummates our country witness'qualifications system the suggestion.from the criminal prosecution witness's angle, through the two big legal systems different countries witness' qualifications comparison research.The article composes of five chapters.The first chapter mainly is to discusse the witness's understanding, verifying the witness1 different understanding through the English America legal system and the mainland legal system.It also researches the witness'nature and classification .This chapter indicats the witness' concept quite comprehensively.The second chapter introduces the universal definition and its recognized principle about the verifies qualification of the witness ,points out that the most important problem about the witness' qualification is the lowest request in credible ability.The principle to recognize the witness'qualification mainly refers to oneself s experience to the case fact situation,the sensation ,the ability of the record and the recollection,the ability of distinguishing and expressing correctly,with the case whether to relate with the case,and so on .Finally introduces the stipulation about the witness' qualification in the two big legal system's countries,and the limitation about the witness' qualification in our country.The third chapter mainly analyzes the concrete factor to affect the witness' qualification and the ability of testifying, mainly analyzes the witness's age, the intelligence and the mental condition and the moral conduct.The fourth chapter emphatically elaborated the problem of several several kinds of special witnesses' qualification which the legal science has a greater dispute at present.This chapter analyzes several kinds of special witnesses in our country based on the detailed introduction to the overseas partial national special witness' qualifications.And proses many legislation suggestion.For example we can not deprive the witness'qualifications of children because of the age ,to admit the qualification of investigates.The fifth chapter proposes consummated suggestion to the witness'qualification in our country, the law stipulation ,whether to examine in advanced about the witness'sensation,the memory,the correct expression,the ability to distinguish,about the qualification of the unit'switness and the stain witness.