The Research Of The Criminal Writness’s Rights And Obligations

In China’s Criminal Procedure Laws,The witness are who they toll the public security and the judiciary what they know the circumstances of the case, and is independent of the suspect, defendant and the victim, private prosecutor, expert witnesses, and is natural person with the ability to distinguish right and wrong and the correct experience.In the activities of the criminal proceedings, the witness is unique and irreplaceable, and is an important role in Criminal activities.Witnesses bear to testify obligations should also be entitled to certain rights.Witness to give evidence of both their obligations and rights side, it should be the unity of the rights and obligations.In view of the imperfect nature of our legal rights and obligation to give evidence of witnesses, lack of protection of the rights of witnesses and witnesses in violation testify obligations should bear the legal responsibility is not clear, we should combine our judicial practice, learn from foreign legislation experience to set up a comprehensively protection system of the rights of witnesses to testify,and clearly stipulates the specific protection measures and penalties for breach of obligations of testify in law.In addition to the analysis of legislation to address the rights and obligations of Criminal Witness, the theory of criminal evidence and the institutional level are also the priorities of our research the witnesses’rights and obligations for testifying.Among,the most representative is the hearsay rule, the right to confront (cross-examination rules), the principle of the direct words, which they are important institution of the Criminal Rules of Evidence.These three systems are used in different ways and extent in judicial practice by countries,and play an important effect on the national criminal rules of evidence. Based on this, To these three systems perspective, the paper analyze the current situation of the rights and obligations of Criminal Witness,Namely:First, the witness did not testify in court; the rights and obligations of witnesses to testify is not clear; China’s criminal trial did not give the parties to enjoy confrontation rights.Finally, find out the solutions:Establish the principle of direct words and to give the parties confront right; clear witness to testify in legislative rights and obligations; to enhance the legal awareness of the witnesses from the social environment.