On The Criminal Witness System And Its Improvement

The testimony of witnesses is important evidence in criminal proceedings,witnesses testify in court are the basic requirements of the modern trial system.Attendance and testimony of witnesses to help identify the facts of the case, correct thefight against criminal activities, safeguard the legitimate rights and interests of thedefendant, but also to protect the administration of justice key. Current judicial practicein criminal witnesses to testify difficult appear rate is very low, an important issue hasbecome a serious problem in China’s criminal trial, its causes are many. In this paper,the relevant provisions of the new Code of Criminal Procedure ", both from thelegislative and judicial analysis of Witness System in Criminal defects, and severalmajor countries in the world through a brief study of relevant legislative provisions forthe protection of witnesses proposed countermeasures to improve our criminalprocedure Witness System, put forward to improve the qualifications of a witness,witness the economic compensation and witness protection measures, to testify as awitness to provide protection from the legal system level, and then Criminal Procedurepurposes.The first part of this paper describes the problems of Witness System in Criminalwitness to testify rate is too low in our judicial practice is the norm, both from thelegislative and judicial analysis of its causes. Legislative reasons: the legislativeprovisions are too general, some provisions conflicting witness testified setunscientific three aspects. Judicial reasons: lack of witness protection efforts, thepublic prosecutor of witnesses to testify negative attitude, the uneven quality of thethree aspects of the judicial staff. Can be drawn from the above analysis that thewitness did not testify in court is the result of objective social conditions, can not simply be attributed to witness a party should be an objective, comprehensive andprofound look at the issue, rather than subjective, one-sided, superficial look at theissue.Witness System in Criminal theoretical basis for the second part of this article,there are three areas: of Direct Verbal principles of witnesses to testify in the form ofthe internal requirements, the proper meaning of the principle of equality of arms withthe concept of judicial impartiality, attendance and testimony of witnesses significance.First aspect includes the meaning of the principle of the direct words, the principle ofDirect Verbal for criminal proceedings significance, of Direct Verbal principle in ourcriminal procedure applies to three specific content. The third area includes facilitatethe identification of the facts of the case, to favor the prosecution and the defensecross-examination of witness testimony, and is conducive to the smooth progress ofreform trial methods, in favor of social disputes settlement four specific content.The third part is the Witness System of foreign legislation, the qualifications ofthe witness, the witness testified economic compensation system for witness protectionmeasures, tainted witnesses testified waiver system, the witness testified ways fiveaspects. Fifth aspects, including the calling of witnesses, witnesses refused to permitthe punishment, hidden to Testify three specific content.The fourth part of the Witness System in the Criminal measures to improve, bothfrom the legislative and judicial elaborate. Legislation witness qualification system,perfect, witness economic compensation system is perfect, perfect witness protectionsystem, the establishment of the immunity of witness system the witnesses testify waysperfect five angles to be addressed. The administration of justice and to increase theprotection, and the transformation of law enforcement concept to strengthen the ranksof the judicial officers be analyzed.Can be drawn from the above aspects of the analysis summarized the witnesses totestify is indispensable to China’s Criminal Procedure Law. Not only conducive to the solution of specific cases, but also conducive to the protection of human rights, therights of the parties are able to be fully exercised, to reduce the incidence ofmiscarriages of justice in the judicial practice, for every citizen, which are boundenduty, it may be a day later they themselves would become a defendant or victim.According to the new amendments to the Code of Criminal Procedure of this year,in some special cases in professional specifies how to protect witnesses, the witnessesand their relatives because they can not testify in court by the person or propertydamage. It also provides for a witness not to testify in court to be punished, andprovide a clear legal basis for the future of witnesses to testify, is conducive to theimprovement and development of the Witness System.