Criminal Testimony Of Witnesses, The Reliability Of Review To Judge The System

Witness testimony is one of the most extensively useful evidences. Most of the cases are related to the use of witness testimony. Because each criminal case is easily to be felt when it occurs. Judicial staff often use evidence to understand the facts of the cases. So, they will often use witness testimony to identify cases.Only the reliable evidence can play its role of proving the cases, and as one of the most important evidences, witness testimony plays an important role while other kinds of evidences does not have. The reliability is very important to the identification of the case and the trial, and it should not be overlooked.However, due to various reasons, in the criminal trial practice, the testimony of witnesses, in some cases, and did not give full play to its role should be an important, but its reliability questioned by the multi-impact cases of a fair trial. How to improve the reliability of the testimony of witnesses, witnesses in court to truthfully testify in a criminal trial practice an urgent problem. Based on the testimony of witnesses related to the concept of reliability analysis as a starting point, through the testimony of witnesses judging system reliability review and study the history of the rules of evidence from abroad, will focus on analyzing China's current caused the testimony of witnesses unreliable reasons, and how to construct the reliability of the testimony of a witness protection mechanism put forward their own views, with a view to study China's system slightly to witness humble way, to study the reliability of the testimony of a witness can cause more attention and reflection.In this paper, the full text of more than 35,000 characters, is divided into the preamble, the text, the conclusion of three parts, the body is divided into six parts.Part I: Overview the reliability of the testimony of witnesses. The first part of the testimony of witnesses related to the concept of reliability analysis, including witnesses, the testimony of witnesses, as well as the reliability of the concept of meaning. Pointed out that the so-called witnesses, refers directly through its own sensory organ to understand the circumstances of the case and the judiciary to make statements related third-party natural. The testimony of a witness is a witness to our knowledge of the facts of the case to the public security and judicial organs of the statement. Reliable witnesses in the witness testimony should be made by the court, according to the legal procedures Testimony of witnesses after the test is determined by the perception, memory cases a reflection of the true situation, and ultimately as a decision based on the testimony. Secondly, summed up the testimony of reliable witnesses has the following characteristics: witness is a natural person, presented the testimony of witnesses should appear; unreliable witness testimony of witnesses directly perception is the fact that reliable witness testimony is the case objectively reflect the reliable testimony of a witness can be finalized as a basis. Finally reliability of the testimony of witnesses, the review pointed out that the important role of judge that the criminal review of the reliability of the testimony of a witness is a criminal evidence system judgement an important component of the system.Part II: criminal trial judge to review the testimony of witnesses, the system reliability of the historical study. The history of mankind there are four main mode of trial, that is, before the impeachment of modern and Inquisitorial-trial mode, as well as the modern party and the terms of reference of the trials. In different trials, the reliability of the testimony of witnesses, the review of the judgement have different methods and standards. This will be part of the various trials on the testimony of witnesses under the judgement of the review of the historical model of the inspection. Impeachment proceedings in the ancient style model, the witnesses manner strictly follow religious ceremonies. Inquisitorial-in the mode of trial, the majority of Western countries statutory evidence system in ancient China - "conquer" the defendant for the purpose of litigation, a review of witnesses judgement. Britain and the United States of the parties in the trial, the testimony of witnesses, a review by the judge is composed of two aspects, namely, cross-asked judge and the jury. Cross asked the mechanism, the main asked to provide information in cases of anti-asked witnesses for examination results to judge by the jury. Civil law countries basically adopted the terms of reference of the trial judge, characterized by the trial judge stressed that the positive identification of the facts of the case, in normal circumstances, the judge responsible for investigating evidence, question witnesses, the parties supporting activities accordingly greatly reduced generally only after the judge asked, do a small amount of supplementary asked.Part III: foreign key witness testimony grasp on the rules and their impact on the reliability of the witness. The part of the testimony of a witness abroad to the rules of a simple, and its analysis of national criminal court process to grasp the reliability of the testimony of witnesses, with a view to China reliability of the testimony of a witness protection system from when they build. Whether common law or civil law, the testimony of witnesses, the review of the judgement should adhere to certain rules, these rules are major cross-asked rules prohibit induced asked rules, the rules of hearsay evidence, etc., in order to protect the reliability of the testimony of witnesses. In common law, cross-examination is the most important testimony of witness rules, as opposed to other induced asked rules objection rules are the rules for this service, and civil law countries in the long term the judicial practice of gradually forming a Magistrate series review and the testimony of witnesses in the rules, to identify the reliability of the testimony of witnesses. Including the hearsay rules of evidence, rules of evidence and other views.Part IV: China's Criminal reliability of the testimony of witnesses, judge review system. This part consists of two small parts: (a) the testimony of a witness of China's criminal system reliability review judgement of history. This section briefly introduced China's Criminal reliability of the testimony of witnesses, judge review the history of the system, pointing out that witnesses system in China Construction, is a traditional factors to analyze aspects.(B) the testimony of witnesses, review our criminal system judgement and causes of the status quo. Speaking of China in this part of the testimony of witnesses, there is a reliable status quo, and the reasons for their not reliable from the subjective and objective aspects of a comprehensive exposition pointed out that due to a number of objective and subjective factors, some witnesses refused to testify, and some witnesses agreed to testify in court in the course of the trial it will not provide reliable testimony. China's lead witness testimony unreliable factors complicated, in particular: First, a witness does not appear to replace the written testimony of the witnesses gave statements; Second, the appearance of the unreliable testimony of witnesses; of the testimony of witnesses under the law rules imperfect.Part V: China's criminal trial testimony of a witness protection mechanism reliability Construction. This section contains three small part(A) the improvement of the law, the legal advocate clearly defined witnesses must testify in court, and witnesses must improve the system of procedural rules.(B) For the protection of witnesses to testify on the witness stand for the establishment of a mandatory system of appearing in court; witnesses refused to permit the establishment of accountability system, our law already provides that the witnesses is an obligation, then it should not meet their obligations witnesses take appropriate enforcement measures, the mandatory presence of their testimony. Therefore, the legislation provides that the court should be added to the witness refused to testify mandatory presence of their rights and the right to the court sanctions. Witnesses are witnesses should fulfill the obligation, to refuse to testify, unjustified sanctions, is also indispensable. In addition, the section also outline of the judicial staff to change their work style, and to raise the legal concept of citizenship, and enhance awareness of the testimony of citizens.(C) to strengthen the protection of the rights of witnesses. After all, it is the case that witnesses outside the third-party natural parties, which have the obligation to testify in a certain contingencies, the behavior of members of a community with a chance because litigation related incident, which was designated as the particular role and involved in the litigation process. However, a member of the community with the specific case related litigation is uncertain, with contingencies, and that not all members of society will become a witness in a particular case. Based on the civil rights and obligations of the consistency and guidance of the concept of social justice, in the fulfillment of witnesses at the same time, we must pay attention to the witnesses should enjoy the right to protection. The right of the main witnesses, including: witness after receiving financial compensation and the right to return; the safety of witnesses and their families the right to be protected, namely the right to testify security; asked to accept the right to due process and so forth. So, first of all, the appearance of witnesses to establish the economic compensation system. Secondly, we should improve the safety and security of witnesses system: Setting up special institutions for the protection of witnesses; the protection of witnesses and their families, the personal and property safety; it is necessary to attach importance to the protection beforehand, but also strengthen the protection afterwards; allow a witness to testify in a variety of ways. Finally, according to local conditions and asked the court to establish appropriate rules.