The Research On The Protection System Of Witness In Criminal Proceedings

With the legal process continues to accelerate our country’s trial system adversarialmode of powers doctrine. The parties defense-style trial way is a big step forward for ourlaws to help prevent the judge’s terms of reference is too large, and of great significancefor a fair and impartial. The parties to cross-examination by the parties in the proceedingsof the case to verify the way defense-style trial. Namely, by both prosecution and defense,respectively, to produce evidence in court to cross-examine and debate on the spot. In thismode of the trial, the evidence for the case of qualitative played a key role as part of theevidence the testimony of witnesses and plays an irreplaceable role. The testimony of awitness is often a case of ualitative play a key role, and therefore the whole person totestify in court is necessary, however, the reality is that of the attendance of witnessesisstill at a very low level, at home and abroad on the low attendance of witnesses haveintegrated the basic situation of China, the survey found, the imperfections of the witnessprotection system is the main reason for the witnesses reluctant to testify in criminalproceedings, so the depth of the witness protection system of great significance.China’s academia and legislative branches to give more and more attention to theprotection of witnesses, many of the recommendations of the reference value system ofwitness protection in criminal proceedings, legislation to regulate, March14,2012amendment to the Code of Criminal Procedure provisions for witness protection systemhas been modified, this is a big step forward in the witness protection system, but wehaveto admit that our witness protection compared with other more mature legal systemcountries The system is not perfect, this paper intends to find out the inadequacies of thecurrent witness protection system in China and put forward some insight. This paper usesa case analysis, comparative study, comprehensive analysis and analog analysis ofCriminal Procedure of the witness protection system. This article is divided into five parts,the first first part of the problem leads through case studies, methods and research path,the next second part of the comparative analysis of the Two national witness protectionsystem to identify its strengths to serve our country’s witness protection system build experience, and the third analysis to build the necessity and feasibility of thecriminalproceedings the witness protection system in China, Part IV analyzes the status ofthe witness protection system in criminal proceedings, identify problems, and the last partof the national circumstances and absorbing foreign advanced experience, put forward theidea of witness protection system for China’s national conditions, to provide atheoreticalbasis for the construction of the witness protection system in China.