On The Witness Protection System Of China’s Criminal

Of the Code of Criminal Procedure have stipulated that the testimony of a witness is required to appear in court for cross-examination before the identified crime as the basis for the judicial interpretation of the exception regulations, resulting in the criminal proceedings, the witness does not appear to be the norm, written testimony to a judicial habit. To address the low status of the attendance of witnesses, we must first analyze the reasons for the witness to appear. The witness did not testify in court judicial traditions of both deep-seated factors, and also lack of institutional and China in the witness protection provisions, witnesses can not be effectively protected a great relationship. Witnesses to testify in court, to accept both the prosecution and the defense cross-examination, has an important role for the protection of the rights of defendants, and to identify the authenticity of evidence, the facts of the case, other countries or regions of the world have built their relatively comprehensive witness protection system,we should seriously learn from.Lack of witness protection system in China, but judicial practice, some areas in the process of dealing with specific cases, have begun to explore the witness protection system and to provide effective protection for witnesses, and accumulated some experience in witness protection, which areis to build a strong foundation of the witness protection system in China. The new amendments to the Code of Criminal Procedure on the basis of the previous practice of witness protection, preliminary outline of the Criminal witness protection system, under witness protection measures, witness protection system with other countries with the same purpose,already made sure of the results, but some of the system still need us improve.Rely on the testimony of witnesses at the present stage the vast majority of criminal cases are finalized, but in most cases from the defendant on the facts of the case as well as finalizing the evidence had no objection, and voluntarily pleaded guilty, cases of this type have been no need to order a simple formof justice and a waste of judicial costs, and ultimately, the defendant also shows fair so key witnesses have been recognized for our new amendments to the Criminal Procedure Law, the key witness in the witness protection should focus quite appraiser with the role of key witness, the victimshould also apply to the equivalent protection of key witnesses. Object of protection is determined, we can not ignore the content protection. Witness protection in criminal cases is necessary to protect the personal rights of witnesses are not violated, but also the protection of witnesses, the right of reputation is not compromised.Each participant in the proceedings necessary to comply with the obligations prescribed by law and are also entitled to the rights conferred by law. Special main witness in this litigation, this stage of the legal requirements to fulfill specific obligations while also given rights, but to really do witness protection, in addition to the outside of the the witnesses right conferred by the protection of existing laws, witnesses Refusal to Testify right, I do not know sin against himself right, and not the right to witness illegal forensics, but also witnesses must enjoy.Criminal cases subject to criminal penalties from the crime to the defendant, goes through the investigation stage, the prosecution phase of the trial stage, each stage has its own characteristics, in three stages, to witness protection are implemented, not negligence,not repeat, to maximize the cost efficiency of justice, while the public security organs of three organs, with the division of labor and mutual restraint, supervision and control to ensure that the three agencies in the witness protection work, cooperate with each other.Of criminal offenses at this stage is increasingly complex, accurate to combat crime and maintain social stability and harmony, tainted witnesses has become a major weapon in our criminal investigations, especially in the fight against drug crime, corruption in the criminal process. This article discusses the special witness protection system, the the tainted witness protection is the focus of the exposition. The case in other countries and regions have build a comprehensive the tainted witness protection system, we should not only absorb but also combined with China’s actual situation, while conscientiously sum up the the exploration experience tainted witness protection in the judicial practice in China, just the stain witness neither abuse nor indiscriminate use. The occurrence of criminal cases is not subject to the constraints of time, place, and any of us are likely to become victims of criminal cases may become witnesses. A child witness’s memory capacity, the ability to express is limited, it is recommended that a child witness intermediaries to ask the system and the court system of psychological counseling, have an important role for the identification of the facts of the case, the protection of child witnesses.