| Witness testimony is in our country legal evidence type one kind, is human who refers to the understanding case real situation statement which does to the Judicial organ. Witness often is the personal experience case fact person, therefore witness reflected the case situation is more real and is comprehensive, often can reflect the main case fact. In addition, witness is not case's litigant, does not have the direct stake to the case result, therefore, witness testimony has the neutrality, reliability. Since therefore, witness testimony has been taken by ancient and moderns in China and abroad's law, has also played the very vital role in the criminal prosecution procedure, is not only advantageous in assists judge to verify the case fact, cracks down on the crime effectively, but is also advantageous to legal procedure smooth advance, realizes litigant's questioning witnesses and debate right full exertion, is more advantageous to procedure fair realization.However, in our country present criminal prosecution witness appears in court testifying rate is very low, witness appearing in court leads the low harm to be serious, both hindrance legal procedure's advance, causes the litigant not to be able to question witnesses, and hinders judge to investigate thoroughly the case fact smoothly, makes the fair decision. Witness resists the card the phenomenon is also one kind to legal obligation violation, this serious damage law and judicial authority. At the same time, in the practice witness did not appear in court to testify causes the written testimony to use massively directly, causes judge to be able not but to rely on under the courtyard to examine test papers massively, causes the hearing to become a mere formality.Witness appearing in court leads to expose our country witness to testify lowly the system has many problems in the legal regime aspect and the practice aspect, mainly displays in the legal existence flaw, the system safeguard be inadequate, citizen's legal quality also to wait for enhancing and so on. These question's existence actually had already hindered witness testimony influential role display, has affected the Judicial organ normal judicature judicial activities. Continuously for a long time hence, to legal authority's setting up, the judicature fair will realize will also have the important influence. Therefore, must solve and consummate these problems as soon as possible, establishes a perfect witness to testify the system, this is safeguards witness to appear in court the testifying rate key. Therefore, in this article, the author concrete study witness has appeared in court the testifying rate low harm and the reason, and is profiting from the other national outstanding legislation, unifies our country concrete national condition to propose the countermeasure, hoped that can have a benefit to our country criminal activity witness system's consummation.Witness testimony is playing the very vital role in the criminal prosecution, not only but our country testifies the system aspect insufficiency in the criminal witness to cause witness testimony not to have the display to have the function, but also has had the material effect to the judicial practice, therefore, consummates the criminal witness to testify as soon as possible the system to enhance witness to appear in court testifying rate to have the important meaning, like a raging fire carries on the judicial reform today, the criminal witness system's consummation is the significance is extraordinary. Therefore, hoped that our country criminal activity witness testifies the system to be able to obtain the consummation as soon as possible, enables the realistic question which criminal witness testifies exposes to have the thorough improvement, causes witness to appear in court finally testifying rate to lower this phenomenon to obtain the good solution. |
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