The Research Of Chine’s Criminal Witness System

The principle of direct testimony is a basic principle of the Criminal Procedure Law, that demand the judge must confront the witness and the evidence to investigate and take evidence. Also the witness must appear in the court and the written testimony is not allowed. However, in the judicial practice of our country, this legal obligation is not accepted by the public, the witness is seldom appears in the court and the judicial organ don’t identify this concept, to judge in accordance with written testimony has become a practice. Also none of witness appears in the court in some area. Against the above mentioned, the object of study in this article is the system of the criminal witness appearing in court o First of all analyses the importance of the witness in the court trial, then expound the appearance status and the origin of the poor court appearance rate of the criminal witness, next point out the modification and inadequate system of the witness appearing in court in New Criminal Procedure Law of the People’s Republic of China, finally this article advice to improve the direct witness appears in court to testify in criminal lawsuit from all legislative, judicial and other aspects on the basis of the experience of system design of advanced countries in the world on the witness so as to more effectively achieve justice.This article is divided into five chapters as followings:Chapter Ⅰ:"the overview of the system of witness". To introduce the concept of witness and eligibility, the main contents of the rights and obligations of witnesses.Chapter Ⅱ:"the value of form the witness appearing in court". To demonstrate the significance of the witness to appear in court from the entity value of criminal action, procedure justice and judicial authority demonstrates.Chapter Ⅲ:"the situation and reason of criminal witnesses appear in court". To introduce the current status of the criminal witness appearing in court is few combines three causes probed into from the legislative reasons, legal reasons and traditional culture and social customs. Chapter IV:"the modification and inadequate system of witness of new criminal procedure law". To describe the modification of the new law from six aspects such as the increasing important witness system, increase the police and expert witness, witness appearing in court, increase the provisions of compulsory lineal relatives refused to permit system and so on. And to describe the inadequate system from the aspects as unclear regulations of scope to force witness to appear in court, too large discretion of the court, defects of the witness protection system, etc.Chapter V:"the proposal of improve the system of the witness in court". To propose to expressly establish the Principle of direct testimony in criminal procedure law on the basis of the advanced countries witness system.