Criminal Proceedings Of The Witnesses Testify In Court System Research

Witness to testify in court system as criminal evidence an important component of the system, directly affect the goals of the criminal proceedings. Witnesses in court cases to identify the key aspects of the real situation is the inherent requirement of the principle of direct language, while the criminal proceedings, only a handful of witnesses, witnesses unwilling to testify, especially reluctant to testify, resulting in prosecution and the defense can not cross-examine the witness in court, the judge finds it difficult to be the testimony of witnesses or the choice, according to city prosecutor finally offered the testimony of witnesses in the investigation phase of such evidence, the conviction of the defendant, a phenomenon completely contrary to the principles of the Criminal direct language, resulting in Adversarial court system exists in name only, seriously affecting people's court hearing fulfilling its functions. Witness this from the criminal system of theoretical foundation to guide the witness to testify in criminal proceedings the significance of further witnesses on the status of the criminal, causes, analysis of hazards and related issues and research in this combination of two legal systems on the basis of criminal proceedings on behalf of the State witnesses in judicial practice, the method of analysis and comparison with the Construction of the Criminal Witness system to have superficial views, and strive to make theory and practice. However, due to capacity constraints, this article only witness to testify in criminal proceedings to do some of the major problems of some superficial. This article is divided into four parts. Witness the first part of the system of criminal theory. Mainly from the theoretical system of criminal witness to testify in court, witnesses for the criminal system of theoretical support, including direct verbal principles of fairness, justice and efficiency principle, the principle of open trial. The second part describes the status of criminal witnesses, characteristics, and from three witnesses discussed the status of the harm. The third part of the witness not to testify in criminal proceedings conducted in-depth analysis of the causes. Mainly three reasons:the reasons for legislative, judicial reasons, the witness's own reasons. Imperfection of the legislation which led to the root causes of the witness does not testify in court, the judiciary is caused by the negative attitude of the important reasons for non-appearance of witnesses, witnesses themselves do not want to testify in court, witnesses led to the low rate of underlying reasons. The fourth part of the judicial practice at home and abroad, from the legislative and judicial point of view put forward some suggestions to improve our system of criminal proceedings witnesses. The first witnesses to establish mandatory system, first described the theoretical basis to force witnesses to testify, followed by the proposal of building a specific system of compulsory witnesses; the second is to establish and perfect the principles of direct language and cross-examination rules; third is to improve the witness to testify in court security system, including rules of procedure of witnesses, witness protection system, to Testify right system, the system of economic compensation of witnesses.