On Criminal Procedure System For The Witness Perjury Behavior And Its Prevention

In recent years, with the depth of the struggle against crime, the acts of harboring, shielding crime of perjury to the growing number of such behavior has caused many difficulties to the fight against crime. However, the judicial organs in handling cases based on evidence-based, the authenticity of the evidence directly determine the accuracy of the awards. Forged evidence, will interfere with the normal criminal justice activities, there may result in miscarriages of justice, or the actual crime to go unpunished, leading to the prestige of the law has been shaken, affecting the reputation and image of the judiciary, so that people lose the party and trust in government, social harm should not be underestimated. Review finds that the evidence is critical and vital to punish crimes, witness testimony is true and reliable, has undoubtedly become one of the key crime detection as well as the conviction and sentencing.The testimony of witnesses is one of the eight categories of legal evidence of the latest revision of the Code of Criminal Procedure, has long been China’s criminal common types of evidence in judicial practice, its importance should not be underestimated. However, under the conditions of market economy, people’s thinking has been significant change in the past has been critical or ignore the concept of personal interest has been reinforced in the minds of most people. Therefore, even though the law gives the right to witness a wide range of litigation, the provisions of the witnesses should fulfill a series of obligations clear perjury legal responsibility, but the witness refused to testify or perjury in the criminal justice practice not uncommon. At present, the new Code of Criminal Procedure has been officially released and implemented will be January1,2013, the trial of criminal cases will be taken to a new trial, one of the important change is that the witness should be called on to testify, both sides in court must be made by testimony after the prosecution and the defense cross-examination, after review indeed, can be taken as a basis. Therefore, the authenticity of the witness testimony is directly related to the investigation, prosecution and even the outcome of the trial of cases, affect the course of justice, witnesses of perjury and it is in this context. This article is intended that the definition of acts of witness perjury, combined with China’s latest revised Code of Criminal Procedure, to explore the analysis led to the behavior of witness perjury Motives, and proposed a series of preventive measures.This article is divided into four parts, the first part through the introduction of the system and its characteristics of ancient Chinese witnesses, especially witnesses as the main proof means emphasis on the testimony of witnesses of a conviction and punishment of perjury highlights for the following criminal proceeding sperjury behavior lay the foundation for a comparative study.The second part is an overview of the acts of witness perjury, introduces the behavior characteristics of the connotation and denotation of the behavior of witness perjury, witness perjury and witness testimony to change for the following research laid the theoretical basis of the conceptual level.The third part is to analyze the motives of the witness perjury behavior. Through a variety of psychological motivation to study acts of witness perjury, to find a breakthrough for the study measures.The fourth part research witness perjury acts of prevention and countermeasures, is the focus of this article and the end result. Combined with the latest changes to the Code of Criminal Procedure, the prevention of acts of witness perjury substantive analysis and exploration.