Of Criminal Witness System Study

Witnesss and testimony are one of the seven evidence in criminal laws. According to the regulations in every countries, tne witness must appear in the court and give testimony, if not, the evidence is not effective. The prctice also proved that witness appearing in court is the most direct, exoteric and scientific way of testinony. However, the difficulty of witnesss appearing in the court is a serious problem in China. The crinimal evidence don't appear in the court, which makes the model of controdictory court hearing become fantasy, and increase the difficulty of finding out the truth because the results depend more on objective books and things, and subjective statements of accused persons and aggrived person. It dosen't ensure the correctness of testimony and the fair treatments of both parties on the process. It also deprives of the exculpatory right of the suspects and accused persons. There are others disadvantages of witnesses'absence. Witness appearing in the court is the important process to show evidence in the trial-type court hearing,which is closely connected with value-target of fairness effectiveness and human rights,pursued by social law.How to improve and perfect it is not only connected with the witness,but also the reforms of current court hearing system. According to the current situation, it is necessary to analyse and explore policies to solve the problems of witnesses' absence or refusing to appear, so as to perfect the witness appearing system, promote the reform of criminal judgement and decrease the dfficulty of witness appearing.After reviewing the criminal legislation of different countries, Whether common law or civil law countries have a correspondingly mandatory measures to protect witnesses, safeguarding them from physical abuse and loss of economic benefits. Reflection on the witness system, we should combine the stability in the logic of the law, witness rights and obligations and improve the procedural rules of appearance of witnesses appearance before and after court. We should keep speculation to explore and develop Criminal Witness System to make up the drawbacks of the current system, which are more appropriate to China, according to foreign-related legislation and local resources.