On The Construction Of Testifying By Concealment

The witness is an important participant in the criminal litigation activities,for the smooth progress of the criminal activity has importment significance,the key is to guarantee the judicial.Witness to provide testimony and accept both asked,cross-examination,is conducive to the understanding of the case judge truth,so as to improve the efficiency and the realization of judicial justice,it is conducive to the protection of the legitimate rights of the defendant,fully embody the equality before the law and the basic principles of national protection of human rights.But in the judicial practice,the extremely low rate of witness appearing in court,especially in the duty crime,gangland related crime,organized crime cases.Witness the phenomenon universal.existence,it seriously affected our country’s judicial reform. Witness unwilling to appear in court for reasons including psychological factors economic factors,social factors,safety factors and many others aspects of.One can not be ignored is the cause of failed to provide a good environment "testimony of witness".Although China’s law provides for the protection of witness,but this measure is more focused on relief,not really ease the witness,appears in court the risk."testifying by concealment" is to protect the witness appears in court to testify the new exploration,is the witness of new way.lt is necessary to use this system for reference,in order to improve our system of witness protection,to ensure the realization of appearing in court as witness.The testifying by concealment system were discussed,based on the national conditions of our country on basis of,combined with foreign legislation and practice about testifying by concealment of comparison,to establish in our country testifying by concealment system put forward the legislative conception.To promote China’s testifying by concealment the construction and consummation of the system to make contributions within its capacity.