On Criminal Witnesses To Testify In Court System

Reform of the 1996 Code of Criminal Procedure does not change the litigation model of China’s super-powers doctrine, the witness to appear caused by the prosecution and the defense rights of imbalances and the loss of the right quality, not only violate the legitimate rights and interests of the defendant, also a serious impact the fair trial of the case. The essay suggests perfecting a key witness to testify in court system, basing on analysis of the status quo of China’s criminal witnesses and reason, the value of criminal witnesses, foreign criminal witnesses systems analysis and reference and illustrates the feasibility and urgency of a key witness to testify in court. In the end, theauthor puts forward some suggestions for the establishment of this system.The essay has four parts.The first part is the value of the witness to testify in court. Witnesses for the prosecution and the defense of both inquiries and questions, the judge through direct perception and analysis, accurate facts of the case, to make a fair referee. This will not only meet the requirements of the principle of direct words, safeguard the legitimate rights and interests of the defendant, the litigation fairness and efficiency, but also contribute to promoting China’s trial mode.The second part is a comparative analysis of the United States, Britain, Germany and France the criminal system of witnesses, describing the characteristics and scientific system of the criminal witnesses of four countries in detail by a comparative analysis to be available to our legal reference.The third part is the status quo in China witnesses. This part introduces the status of our witnesses appearing rate in court is very low from the Chinese traditional thought of Weary v., serious flaws in China’s legislative and judicial limitations of law enforcement through three aspects in detail. Then the author shows the reasons for low rate of attendance of witnesses.The fourth part is the significance of establishing a system of key witness to testify in China. The part describes the scope and exceptions of the key witness to be established in detail, including the key witnesses in the first instance and second instance procedures and mandatory key witnesstestify in court and non-key witnesses to testify voluntarily. In addition, the author gives some proposals of perfecting procedures of witness testifying in court and systems of assuring witnesses appearing in court.