On Two Pieces Of Evidence Requirements After The Enactment Of The Witnesses To Testify In Court Facing New Situations And Countermeasures

The testimony of witness is one of the seven evidences regulated by the Criminal Procedure Law in China. Witness presenting at court is a common practice all over the world. In 1996, the trial mode experienced a change from inquisitive trial to adversary trial after the revision of the Criminal Procedure Law to achieve adversary of both sides. Witness presenting at court remains an important part of litigation activities and a requirement of criminal action to the trial mode. However, the rate of witness presenting at court remains low for legal, social reasons and the reason of witness. The witness will not or dare not present at court and it is also difficult for the judiciary to identify. This has already plagued the criminal trial to a great degree. In 2010, the Supreme People's court and the Supreme People's Procuratorate issued the principles of regulation on witness presenting at court, witness protection and the use of written testimony, which was a progress of legislation. In August, 2011, the revised draft of the Criminal Procedure Law issued by the National People's Congress also put forward relating proposals on witness presenting at court and witness protection, which worth the attention of judicial workers.Firstly, this paper gives a general account of the system of witness presenting at court, including witness, testimony, and introduces foreign experiences on legislation in witness presenting at court and witness protection, and then puts forward that nowadays witness presenting at court is a common practice all over the world. Secondly, from the aspect of legislation and justice this paper briefly accounts for the present situation of a low rate of criminal witness presenting at court, and analyzes the causes from three aspects, namely, legislation, justice and witness, therefore, proves the essentiality of witness presenting at court. Thirdly, combining the new regulations concerning witness presenting at court and witness protection of Evidence Stipulation of SPC and SPP, this paper briefly presents the problems in practice after the enactment. Lastly, with regards to the revised draft of the Criminal Procedure Law issued by the National People's Congress in August this year, this paper puts proposes revolutionary suggestions on perfecting the system of witness presenting at court from the aspect of legislation and justice. With regards to legislation, it is of the first place to revise the Criminal Procedure Law in order to settle the legal conflicts on witness presenting at court by the way of clarifying the range of the critical witness who should present at court and restricting the range of witness who may not present at court. Then it is of great importance to clarify the responsibility assignment of witness presenting at court among the prosecution, the defense and the Justice party. And then it comes to the legislation of Witness Protection Law to clarify the witness'duty, rights and responsibility. Lat but not least, it is essential to perfect the notification procedures of witness presenting at court. With regards to justice, on one hand, it is important to strengthen legal publicity and education and to enhance the citizen's legal consciousness; on the other hand, it is more important to transfer the enforcement conception, to regulate the enforcement and to improve the quality of the judicial administrative staff.'...