On Research Of Forcing The Criminal Witness To Appear In Court

Witness system is an important part of trial system reform. On one hand, whetherthe witness appears in court is directly related to the application of the direct wordsprinciple and the realization of the right of cross-examination given defendant. On theother hand, whether the witness appears in court is also directly related to the tribunalto find out the case, verify the evidence and try the case. However, there are alwaysthe difficulties of witness appearing in court in judicial practice. Firstly, the witnessesare not willing or afraid to testify in court. At the same time, the procuratorial organsare afraid to apply for a witness’s appearance in court because they want to insure wina case. And the judicial organs are not willing to bring in a verdict And the judicialorgans are not willing to bring in a verdict to let a witness appear in court becausethey have to improve judicial efficiency. The NPC Legislative Affairs Commission,deputy director Lang Sheng explained that witness system must be furtherstandardized to improve the issues that the witnesses are not willing to testify in court.The amendment of Criminal Procedure Law is passed successfully in the FirstSession of the Eleventh National People’s Congress (NPC) and will be carried outformally in2013.Witness system make an important part of the amendment ofCriminal Procedure Law. Legislators expect to establish a set of scientific, completewitness system. the content that of the this legislative relate to the scope of witnessappearing in court, witness protection program, witness economic compensation, forcing the witness to appear in court, the police appearing in court as a witness, thelegal consequences and the immunity of bearing witness.However, the supporting measures of witness system have not been built in ourcountry. It should be considered whether the legistative intent could be achieved InJudicial Practice. Therefore, this article tries to review the current situation of thewitnesses to testify in the court and find out certain legislative merit and defects in theamendment of Criminal Procedure Law. Furthermore, after analyzing the possiblecauses of the conflict of legislation and judicial practice, the essay tries to presenteffective method to solve the problem. The purpose of the article is to providereferences for the implementation of the amendment of Criminal Procedure Law.The paper consists six parts.The introduction introduces the amendment of Criminal Procedure Law referringto force the criminal witness to appear in court and focuses on the writing methodsand writing purpose.The first chapter states the present condition and problems of appearing in courtas a witness, and analyzes the difficulties of witness appearing in court.The second chapter introduces a comparative study of the extra-territoriallegislative to explore the reasons of witnesses to appear in court, in order to providethe experience about the reform of witness system.The third chapter introduces the amendment to force witnesses to testify in courtsystem, and comments on the significance of legislation amendment.The fourth chapter analyzes the performance and reasons of the contradiction oflegislation and practice.The fifth chapter states how to solve the the contradiction of legislation andpractice, after the implementation of the amendment of Criminal Procedure Law.