Construction Of The Criminal Witness Protection System

The criminal protection of witnesses in the course of criminal proceedings is the national public power protects behavior of the criminal witness. Generally protection of criminal witness includes habeas corpus and protection of economic for witnesses. Narrow criminal witness protection includes only the personal protection of the witnesses. At present, a more difficult problem in the criminal process in China for fear of threats, intimidation and retaliate against criminal witness generally does not appear to go in person to testify against criminal acts and criminal witness refuses to testify are on the rise. Although China’s relevant legislation, such as criminal law and procedure of the criminal witness protection norms, but the legislation is too macroscopic and general, and in the practice of the Criminal Justice process in a clear precedent for the protection of criminal witnesses and specific ways, leading to the criminal lack of witness protection and effective legal system at the level of basis. Some defects due to the legislative level, so no legal basis for China in the criminal witness protection, and ultimately led to the stagnation of the Criminal Witness Protection. Defects of China’s criminal witness protection legislation, mainly for the lack of systematic protection of the law; the lack of clear criminal witness protection phase; the lack of specific criminal witness protection measures; lack of preventive Criminal Witness protection measures; lack of Criminal Witness the necessary economic compensation. Judicial practice, defects mainly in the start criminal witness protection program, the implementation of relevant provisions; the judiciary in the case did not enter into the obligation to protect the relief of the criminal witness not clearly defined. The reasons for the legislative and judicial practice eventually led to the current situation of China’s criminal witness can not be effectively protected.Start from the concept of habeas corpus in criminal witness protection and economic protection, the use of the method of combining theory and practice, defects and for the legislative and judicial practice of China’s current criminal protection of witnesses and the use of horizontal contrast to the domestic and international advanced legislative system and the similarities and differences of the two legal systems on the criminal witness protection and advanced legislative experience in judicial practice, contact the actual situation of China to build a criminal witness protection system suitable for China Construction. Coincides with the fifth meeting of the11th National People’s Congress modified by the Criminal Procedure Law of the People’s Republic of China, the relevant provisions of the criminal witness protection legislation, is the progress of China’s criminal witness protection legislation. The final relevant provisions of the law to build the light of the new Code of Criminal Procedure for the new law, there are no provisions such as specific judicial practice, the idea eventually proposed the construction of China’s criminal witness protection. Contact a number of factors in this article from the height of the legislation to solve the problem of China’s criminal witness protection and judicial practice, making the criminal witness protection laws in our country and to provide some reference for the reform of the Criminal Procedure Law.