Criminal Witness Protection System

Witness testimony is very important evidence in criminal litigation andwitness presence in court is the basic request of modern heating system and alsothe key to the judicial fair. However, in the judicial practice, criminal witnessreluctant and unwilling to testify in the court is always a puzzle for our criminallitigation. Causing this kind of phenomenon the reason to be very many, aprominent reason lies in that witness' rights and interests are not protectedcomprehensively and our country has not provided positive environment.Witness personal safety, the property benefit, the spiritual rights and interests andthe law safety are often in danger, which has already seriously affected ourcountry's criminal litigation and caused people many selfish worries and lackingof just courage. Therefore, it's very necessary for our country to establish a stableand perfect witness protection system. Combining our country's present situationof low rate of court testifying, the author studies several important questions ofcriminal witness protection system and come up with legislation suggestions, inthe hope of perfection of the witness protection system and promotion anddeepening of its reform.This article studying on the criminal witness protection system, divides sixparts, and the full text adds up to more than 40,000 characters.The first part is about the significance of witness protection system. There aretwo aspects of significance: on one hand, the witness protection is the innaterequest of witness. Witness is a person with whole and independent personalityand is a person during the criminal litigation procedure. The purpose of establishwitness protection system is to protect the basic rights of a human being. On theother hand, the witness protection is the innate request of witness tool value. Thewitness testimony is one of the seven kind of legal evidence and witnesspresence in court is an important way to discovered the truth. Establishingwitness protection system is not only advantageous to the realization of witnesspresence in court, but also has satisfied the intrinsic request which witnessappears in court to testify, thus perfecting evidence chain, verifying the fact,achieving the lawsuit economic efficiency value. The second part is about the witness protection legislation patterns. Overseascriminal witness protection legislation patterns include special legislation and theattached legislation unifying pattem as well as the attached legislation pattern.Learning from the above two kind of legislation patterns, according to our factualcondition, the author believed that our country's witness protection legislationmay be divided into three stages namely: The first stage, revises under the tide innow "Law of Criminal Procedure", protects witness took the special chapterstipulated, is in the near future a more realistic feasible plan, estimated needstoimplement 20 years. Second stage: Along with our country society'sdevelopment, after conditions are ripe, "Evidence Law" centerin dependentlycomes out after "Law of Criminal Procedure", by "Evidence Law" stipulatedwitness's protection related content, an dattention with other laws necessary,causes them mutually to supplement, promptly adjusts the existence thedeviation and the contradiction, this stage estimated needs to implement 20 years.Third stage: Alone establishes "Witness Protection method", namely verifies therelated content which the person protects center to strip from "Evidence Law",alone legislates. This stage implementation estimate probably is 50 year aftermatter. Because, after future our country various aspects will develop quite areall mature, will establish the independent witness protection method also is thecompletely possible matter, therefore above proposed, is hoped I legislationpattemhas puts the nature, and with generation of synchronization.The third part is the principle of witness protection system. The systemshould abide by these rules: first, the rights and obligation should be consistent.To guarantee witness legally testifying in court is an important safeguard for thecriminal case being fairly placed on trial. Therefore, we must safeguard the rightsof witness being legally testify in court, which is a tool to promote witnesses'testifying obligation, second, we should combine general protection and specialprotection together. Safeguard the witness in advance and combine with specialprotection, which can reduce witnesses' fear; third, we should take measures intime and completely. Protecting witness is an comprehensive complicated andsystemic work, which involves many aspects and needs the justice governmenttake all the means. The fourth part is the criminal witness protection object. Criminal witnessprotection object scope mainly includes body scope and object scope, the twoaspects. Through the comparison research, the author believed, our country'switness protection body scope mainly includes witness, witness's close relativesand persons who may be involved in. Regarding the victim, the informant andthe accuser, when necessary and after application, the stipulation of witnessprotection can also be applied to them. As to the object scope of witnessprotection, we should perfect it through three aspects, which includes thepersonal safety safeguard, the property safety control and the establishment ofspirit damage compensation system.The fifth part is the criminal witness protection agency. The article hascarded on the analysis to our country criminal activity witness protection agencypresent situation, and in the synthesis overseas main country procedure and in thedomestic scholar viewpoint foundation, according to the our country realisticsituation, proposed some beneficial suggestions, like the author proposes "putson record the jurisdiction to say" and "the baton principle" and so on. At the sametime, the author future the criminal witness protection agency developmenttendency has carried on the forecast to our country, and proposed "three stages"the theory namely: The first stage, our country witness protection agency must inthe overall to "put on record the jurisdiction to say" carries on the division, putson record the case in view of the public security or the procuratorial agency, itsfollowing project protection agency defers to "the baton principle" the concretedetermination; The second stage, protects witness by the card life insuranceorganization primarily, the judicial organ protects auxiliary for; The third stage,the duty which protecting witness completely gives witness the protectionagency to process.The sixth part is the procedure and the measure of criminal witnessprotection. Our country's witness protection system, straitness of the protectionobject, inconsistency on the scope of the substantive law and the procedural law,obscurity of liability on witness protection and so on. In view of the abovequestion, the author put forward some concrete proposals that, first is to gofurther to perfect the start way of witness protection procedure, to perfect the procedure of witness protection application examination, and the procedure ofdissolution of witness protection and the relief procedure. Second is to establish aprotection system which combines special protection and general protection. Forexample, the general protection measures should include identity secrecy system,safely present and collect evidence rule, the violation investigation system,national compensation system and hotline of witness protection system and so on.Third is to set up assistance protective measures, such as: Enlargement of thedangerous crime suspect or accused person's person control; The establishmentof estimation rule on threatening witness's evidence; Establishment of witnessperson property insurance system.