How To Build The Anonymous Witness System

The attendance of witnesses is to ensure the good running of the adversarial system of litigation mode, is also a prerequisite for advancing the reform of China’s trial mode. The existing legislation on witness protection measures focus on the post relief, prior protection of witnesses in the case of the blank. The low rate of the attendance of witnesses seriously hindered the process of judicial reform. Anonymous witness system is effective way to encourage witnesses to testify in court. But China’s study on anonymous witness system is still relatively little, there are still debates on anonymous witness system.In his paper, through the depth analysis of the anonymous witness system demonstrate positive significance of witness protection and advancing the reform of China’s trial mode. Through the analysis of the necessity and feasibility of anonymous witness system put forward the idea of anonymous witness system in China. The article is divided into six parts, the general context as follows:The first part is the overview of anonymous witness system.Introduces the definition and in-depth analysis of its characteristics, and discusses the relevant international treaties, the legislation of the various regions, as well as existing practice, the author briefly summarizes the existing theories and put forward a new definition of anonymous witness system, believe that it should be applied to the whole process of criminal proceedings. Existing international treaties, legislation cases, successful practice case is a theoretical basis for China to build anonymous witness system.The second part is the analysis of necessity of building anonymous witness system. The low rate of the attendance of witnesses seriously hindered the reform of our trial system, the author focus on the rationality of improving compensation and compulsory attendance of witnesses. Raised in our country it is necessary to establish anonymous witness system. Strengthen the prior protection of witnesses, to encourage witnesses to testify in court.The third part is the feasibility of anonymous witness system. This part analyzes the China’s traditional psychology of witness. Anonymous witness system has a strong adaptability in our country and also in line with the current status of our existing judicial resources.The fourth part is how to build the anonymous witness system in our country. This is the main part of the paper, demonstrates the objects, start and the specific measures for implementation of the anonymous witness system. The author raised a little of their own proposals on anonymous witness system design on the basis of developed modeled, combined with China’s actual testimony,and strive to be feasible.The fifth part is the follow-up measures of anonymous witness system. Anonymous witness system as a part of the witness system, and its effective implementations necessarily require the support of the legal system. Judicial officers must do security work before the hearing, can be adapted for the implementation of the identity of the witness verification, immediately to do remedial work after the exposure of the identity of witnesses after the hearing.The sixth part is the possible controversy on anonymous witness system and its solutions, this approach may be contrary to the rules of evidence and bring injustice of proceedings in cases.So, the author believe that allows the lawyers of the parties involved can improve procedural fairness.