Research On The System Of Forcing The Witness Appearing At Court

The testimony of a witness is the extremely important evidence of the criminal lawsuit, it play an irreplaceable role in the judgment of the facts of the case, the identification of the nature of the case and trial activities.Because of the significance of testimony of witnesses, The new Criminal Procedure Law clearly stipulates a mandatory witness system, and formulate the relevant supporting measures.(protection, compensation, punishment, etc. are also to be provided.)By drawing on the research results of domestic and foreign legal scholars, the article pointed out that to compel witnesses to testify in court system is established on the basis of two theoretical:first, the hearsay rule and the principle of direct words, these two principles for prudent consideration of indirect data generated; second is the concept of justice and the protection of human rights concepts, these two concepts is both forces the Witness System to establish the theoretical basis, but also the pursuit of value. China is currently facing a situation of witnesses unwilling to testify in court, to force witnesses to testify in court system established basis in reality. Witness was reluctant to testify in court, the reason can be divided into two aspects:one hand witnesses reasons, mainly include traditional cultural ideas and education of poor awareness of obligations, economic considerations, safety considerations, as well as psychological favoritism; the other hand, for legal reasons, mainly include the neglect of the general legislative provisions and judicial practice.Therefore, the new Criminal Procedure Law explicitly provides for a system of compulsory attendance and testimony of witnesses, Specifically mainly include the following content:explicitly give the court the power to force witnesses to testify in court, and provides some special witness-free card rights; provide for the protection and compensation of the appearance of witnesses, and provide for punitive measures against the witness not to testify. The new Criminal Procedure Law gives a great progressive significance to force witnesses to testify,from a legislative terms, not only solve the judiciary to face the witnesses not to testify in court,also provide legislative protection to the witnesses to testify, from a practical point of view, conducive to correct the written testimony review of the main witnesses to testify for the exception to the status, in order to protect the impartiality of the judiciary and the protection of human rights, also conducive to sensitize the judiciary on the importance of the witness protection, improve rates and testimony of witnesses to testify reliability.Although the system of compulsory attendance of witnesses has been established in the Legislative,but how effective implementation of the system is more critical part,Is this article attaches great importance to research.The system is to be implemented is forced to appear to solve the first witness qualification issues,The new Criminal Procedure Law that witnesses must testify in court must meet two conditions:first, both the prosecution and the defense have one or two parties disagree on the testimony;second, the testimony of witnesses, have a significant impact on the conviction and sentencing.This paper argues that from the nature of the case, as well as the importance of the testimony of witnesses, two levels should be clearly defined.In addition,to protect the compulsory attendance of witnesses system can be effective the implementation,must have witnesses Testifying rights, protection, compensation, punishment and other measures to give them protection.Although the new Criminal Procedure Law these measures provide,but this is only the provisions of the guidance,practice can not completely solve the problem,thus further study applicable to judicial interpretation by the Supreme People’s Court on the new Criminal Procedure Law,combination of judicial interpretation,Learn from domestic and international laws and experience,how to implement these measures as well as possible problems in the implementation of the described,which involves the new Criminal Procedure Law does not give the witness a thorough Testifying rights issues, the scope of protection of witnesses set protection program, witnesses compensation authority and funding issues,in response to these problems,this paper also proposed solutions,through this research and analysis to provide a useful reference for the implementation of the new Criminal Procedure Law to force witnesses to testify in court system.