On The Witness Protection System Of China's Criminal Perfection

The testimony of witnesses is crucial to national criminal proceedings.It is conducive to ascertain the facts of cases and has an important role in achieving punishment of crime and protecting human rights in litigation.In judicial practice, the phenomenon of witness refuse to testify in court often happens, and witnesses rate is very low, which is a constraint bottleneck to judicial reform, especially reform of the trial.To solve the problem drastically, to promote a virtuous circle of witnesses testimony,to combat effectively all kinds of crimes, to achieve procedural justice and the right judgement, and to maintain the authority of law, we must establish a sound system of witness protection in criminal proceedings.Based on the investigation of status of the legislative and judicial on national and regional witness protection in criminal proceedings, combined with the status of legislative and judicial on witness protection,the author analyzes the defects of witness protection and attempts to put forward a sound proposal on criminal litigation witness protection.There are five parts except concluding remarks in this dissertation.The first part focuses on the introduction of witness protection system on the background, the significance of the topic and research status, and research methods,and emphasize the the necessity and importance of the system of witness protection in criminal proceedings.The second part is an overview of witness protection in criminal proceedings. The part concentrates on the concept and on the definition of the system of the criminal witness protection,generally introducing the principal part objection and the range;Meanwhile, it makes a concrete analysis both on the theoretical basis and the value.This part of the chapter is the following part of the premise and foundation.The third part is the extra-territorial system of witness protection. This section expands upon the common law and civil law countries, and China's Taiwan and Hong Kong's system of witness protection,and analyzes the commonality from the subject, object, methods and procedures. The fourth part analyzes the status of witness protection in criminal proceedings. The section analyzes legislation and judicial status of criminal litigation witness protection,and points that there is a series of defects and problems,which provides a clear focus for the construction of the witness protection system.The fifth part states the issue in the process of the establishment of the system of the criminal witness protection.lt includes expansion of the scope and the object,determining the witness protection authority,procedures and protective measures,and putting forward for legislative and judicial recommendations in witness protection,which are suitable for our country.