Compulsory Attendance Of Witnesses Institutional Research

In the criminal prosecution, witness testimony is "Law of Criminal Procedure" the 42nd institute determines, is only inferior to matter witness, one of book card main evidence, regarding case trial very important function. Has implemented since January 1, 1997 revises after the Law of Criminal Procedure, the Chinese criminal activity trial pattern acts according to judge sues the courtyard news defendant, presents evidence the nuclear card reforming to debate for the prominent strong regulation examines three lawsuits functions "to control debates the type", the new hearing way request took the important lawsuit participates in the person witness to appear in court to state the testimony, accepts judge's inquiry, enables the court direct sensation witness to testify the ability, the examination, distinguishes the testimony really falsely, confirms the testimony to the case fact proof strength, therefore witness appears in court into this trial way to be able smoothly to implement heavily center is heavy.However witness's appeared in court to testify difficultly already to become puzzles our country criminal activity trial an important question, the phenomenon universal existence which in the judicial practice witness did not appear in court. This kind of situation causes originally to appear a stiffer deficiency on the extremely limited evidence resources, has affected the criminal prosecution goal realization, hindered attomey fight to exercise the right to counsel, simultaneously was to the accused person lawful fight one kind of harm. Has in view of this, it is the necessary comprehensive reconsidering our country criminal prosecution witness system, profits from the overseas legislation and the judicial experience, seeks a reasonable effective way, verifies the person system to perform to improve, and further launches by this advancement trial way reform, the realization judicature is fair.This article bases on the our country realistic national condition, tries hard in to appear in court to the domestic and foreign related criminal witness to testify the system to conduct the comparison research in the foundation, proposed consummates our country criminal activity witness to appear in court to testify the system suggestion, changes our country criminal activity witness to appear in court to testify the difficult present situation. This article altogether divides into four parts, concrete structure as follows:First part: This article obtained from the various countries legal rule, obtains has requested witness to appear in court is our country as well as international society's legislation universal law. Analyzed the present situation which our country witness appeared in court to testify, witness has appeared in court to lead unusual low, witness to appear in court hard to bring about for the restriction hearing way reform important attribute. Then the quite potential witness and witness, witness and witness qualifications, witness qualifications with testify the duty, testify the duty with to appear in court to testify the duty and so on several groups of concepts differences, forces witness take this as the basic research to appear in court the system.Second part: The just idea, the right duty unified the principle, the human rights safeguard theory constitutes has forced witness to appear in court the system legal principle theory of law foundation, the hearsay evidence rule, the direct expression principle constitutes has forced witness to appear in court the system procedure foundation, "crime when it punished" the entity value and the witness testimony own memory, forgot until confronts debates the really false procedure value to constitute has forced witness to appear in court the system value foundation, above three aspects constituted together have forced witness to appear in court the system rationale, also was our country must have to establish forces witness to appear in court the system theory fountainhead.Third part: This article unifies the various countries the vertical legal regulation, has analyzed witness main body which needs to force to appear in court, forces duty which appears in court witness to have to undertake, as well as the establishment forces to appear in court the system corresponding procedural nature to stipulate, simultaneously unifies our country situation, proposed the author about founds our country to force witness to appear in court the system partial legislations suggestion.Fourth part: This article elaborated in the existing legal flame system, safeguard criminal activity witness appears in court to testify the system several ponders. First needs to found our country witness protects the system, its secondary consummation witness testifies compensates the system, the establishment completely "stain witness" the system, finally, to refuses witness which testifies to establish the responsibility to investigate the system. At the same time, the author acts according to own conception, proposed founds our country to force wimess to appear in court to safeguard the system the legislation suggestion.