System Of Criminal Investigation Stage Witnesses A Number Of Issues To Study

Apparently, lacking of sound lawful safeguard mechanism to a witness intervenedin a criminal action is an essential defect in current lawmaking to existing witness'srights and responsibilities in a criminal action which we reviewed under the CriminalProcedures Law of China so that it is general to find that in the process of criminalaction, a witness may try all his best to evade his legal obligations as a witness. As alaw enforcement officer with several years working at local public security bureau,the writer has some experience in practice and has personally seen that some criminalacts and violations could hardly be punished because of witness' reluctance to giveoral evidence. One of the reasons is being afraid of retaliation and damages withoutcompensation. Under the circumstances of his rights unensured, one may fosterstrengths and circumvent weaknesses by instinct. At the same time those who violatethe legal obligations of testifying can not be punished accordingly under the existinglaw. The mistake in lawmaking spontaneously led to an incompetence in justice. Thecrime rate now is high, but the criminal behavior could hardly be controlledeffectively due to its lack of key evidence to be obtained through testifying. It resultsin an unclear of investigation to the cases. The criminal offenders are not found outand the legitimate rights and interests of citizens can not be guaranteed. The socialcontradiction will protrude and it will lead to an unstable phenomenon. Consideringthe suppression of crime, the realization of safe society and fair justice, it is reallysignificant and practical to analyze the existing issues and reasons in safeguardmechanism of witness's right and obligation of action, and to explore and construct it.Therefore, this thesis starts from the basic issues of the conception, competence andthe characteristics of testimony, uses for reference of safeguard mechanism ofwitness's right and obligation of action in foreign countries, analyzes the existingsafeguard mechanism of witness's right and obligation of action in China, clarifies itseffect and defect in the process of administration and judicial practice and raises itsproposals of constructing a more integrated and specific witness's personal safety andprivate property protection system, safeguard mechanism of witness's right in judicialprocedures and right of refusing to testify, immunity right to testify, lawful right totestify and to obtain economic compensation.