| The testimony of witnesses is one of the important evidence in the criminal cases. Testimony of witnesses must be verified to be taken as a basis, and the best way to verify the truth is the attendance and testimony of witnesses for both the prosecution and the defense in the court. Witnesses to testify is not only legal obligation of the citizens, but also an important way to identify cases in court. In China,because the legislative, judicial and other reasons, Witnesses to testify becomes a problem in the trial.2013Code of Criminal Procedure about witnesses to testify has many new breakthroughs, but also has room for improvement. How to make the attendance and testimony of witnesses, improve the rate of witness to testify, relates to the success or failure of reform of trial mode. Therefore, the study of criminal Witness System has very important significance. This paper is divided into five parts:The first part indicates the necessity of witnesses to testify. Attendance and testimony of witnesses is conducive to improving the efficiency of the trial, and is conducive to the promotion of judicial reform, but also conducive to the realization of the administration of justice. So to solve this problem is very urgent and very necessary.The second part of the analysis from the background reasons for the introduction of the Code of Criminal Procedure2013. Our witnesses to testify rate is very low, this impact on the way the reform of our court trial. Thus, to solve the difficult problem of attendance and testimony of witnesses is urgent. In order to solve this problem, We have to analyze the reasons for the low rate of attendance of witnesses. Witness did not testify in court has legislative reasons, such as legislation on imperfect law. There are judicial reasons, such as judicial staff did not realize the significance of the judicial officers of witnesses to testify in court. Of course, the concepts of witnesses is another reason, such as our traditional thinking, afraid of being hurt.The third part and the fourth section focuse on analyzing the breakthrough of the new Code of Criminal Procedure in the testimony of the witness, and the new problems. The new Code of Criminal Procedure to establish the witness’s right to economic compensation and the personal protection of property rights, new regulations made in terms of the protection of witnesses. The law Establishs a witness protection standards, There are great help to solve the problem for witnesses to testify. But there are some new problems, such as the case of the attendance and testimony of witnesses too discretionary, economic compensation for personal and property protection provisions are not specific. In order to protect the witnesses to testify better in court, we need to understand the existing problems and resolve them.The fifth part focuses on the establishment and improvement of China’s Witness System. Our witnesses to testify is low, the main reason is imperfect Witness System in China. In order to resolve the difficult problem effectively in the new situation, we could improve the system from the judicial level, formulate specific provisions from the legislative level. Such as improving the actual process of economic compensation for personal and property protection refinement measures, effectively solve the problem of law operability. Combined with China’s specific national conditions to propose a solution, hoping the Perfection of Witness in Criminal is helpful.It is significant to perfect the Criminal Witness system to improve the rate of a witness to testify in judicial reform. Therefore, I hope that has been improved as soon as possible in our country through judicial interpretation of the implementation of the new Criminal Procedure Law of Criminal Witness, the problems that Criminal Witness exposes been completely resolved. Finally, this phenomenon of witness to testify lowly is well settled. |
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