Wit’nesss Testimonies And The Misjudged Criminal Cases

In Chinese and foreign criminal judicial practice of ancient and modern time, criminal crime has beenregret lingering for a long time. It not only brings material and spiritual hazards to the parties, but greatdamage to the law authority and judicial justice. Therefore, to discuss the reason of criminal crime, putforward some solutions and make the judicial justice became the common goal pursued by the theory andpractice circle. In the present the judicial practice of our country, criminal crime occurred mainly comesfrom the evidence of the mistake, and one witness testimony the probability of a crime in criminal highest.So, from the point of view of the witness’s testimony, a crime in criminal investigation has the significantpractical significance. Based on this, this paper attempts make a more in-depth research and discussionfrom the point of view of the witness’s testimony.First of all, to discuss and make an argument towards the relationship between the witness ’testimonyand criminal crime The witness’s testimony refers to the truth of the case and the victim litigants outside ofthe third person is his own perception or watch the case facts that investigators to make statements. For thewitnesses have no direct relationship to the case, they usually tend to be objective and fair.In the judicialpractice. The witness testimony has strong proof strength, adopted more often Therefore, the witness’stestimony is very important to the case. Unfortunately, the perception of the witness’s testimony, reproduce,expressing mechanism based on the probability of the cognitive and interaction of negative features renderswitness testimony a "double-edged sword" before the judicial personnel. On the one hand, based on thecase of real found need, the case has great dependence on the testimony witnesses; On the other hand, thereal reduction accuracy of witness’s testimony is easy for the judicial personnel misleading. At the sametime, the witness system construction lags behind, to witness protection does not reach the designatedposition, the rate of witnesses appearing in court is too low which makes the testimony of witnessesadoption rules eroded, trial form now. Under this circumstance, as a last line of defense to the justice of thecriminal trial, the popular files record centralism, criminal crime breeds quietly.Second, from the perspective of the witness testimony, the criminal crime prevention mechanism ofconstruction discusses opinion. The author thinks that the criminal crime prevention mechanism can from "a system construction","a system""a mechanism perfection" and "a capability" four aspects."A systemconstruction" means to strengthen the witness system construction, clear evidence rules directly words,improve the rate of witnesses appearing in court;"A system" means to perfect illegal evidence eliminationsystem, fundamentally standard forensics behavior;"A mechanism perfection" is to improve the witnesstestimony examination system, regulating the proof, cross-examination and the authentication behavior;"Acapability" refers to the improvement of criminal judicial review judgment evidence ability to achievejudicial fairness and justice.Finally, the witness testimony just leads to highest probability of occurrence of criminal crime but notthe only reason. So, from the perspective of single witness’s testimony, it can not completely eliminatecriminal crime. The discussion of the criminal crime prevention mechanism by the author is an importantcontent, but does not conclude all.