Research On Criminal Witness To Testify In Court System

The Purpose of writting this article is to carry on an in-depth analysis of the current state of the criminal proceedings in China witness to testify in court, to explore the deeper reasons for the low rate of witness in court and to make legislative recommendations for perfecting criminal witness system. Criminal procedure law Amended in2012establishes new provisions to force witnesses to testify in court, and the witness protection system and so on. The legislative progress is worthy of recognition, but the low rate of criminal witness in court is still not optimistic in China. This article discussed the value of criminal witness to testify in court, through comparative analysis, history investigation, research methods, such as interpretation of legislative texts, examined the main national system of witness testimony in two legal systems, analysed the reasons for low rates of criminal witness in court of China and combined with practice to make perfection of criminal witness to testify in court in legislative recommendationsThis Article is divided into four parts, The first part discussed the value of criminal witness system. Criminal witness can help find out the facts of the case, to enhance human rights protection, conducive to carry out the principle of direct verbal, is nowadays an important action of the criminal justice system. Criminal witness to testify in court is also the inner demand of the adversarial trial system. The second part examined the two legal systems main national system of criminal witness, from its witness forced appearance,witness protection, right of witness testimony exemption, witness economic compensation system and other aspects of the right to explore the rationality of its legislation, with a view to finding available for perfecting the system of criminal witness in China used for reference and reference service. The third part introduced the status of low rates of criminal witness in court of China and analyzed deeply the reasons. The main reasons including legislative causes, legal reasons social justice aspects of conventional wisdom and witness their own reasons. The witness refused to attend court, leading to cross examination and cross-examination cannot be realized, judges and witnesses cannot establish face-to-face contact, to determine the authenticity of written testimony is difficult, witness oath system cannot be established. The drawbacks have been described. The fourth part makes legislative proposals from the perspective of legislation plan. First, propose perfecting witness in court system, that is perfect for witnesses range enforce the attendance of witnesses and the exceptions related to the system, second, suggesting from the scope of protection of witnesses, witness subject, witness protection means and so on,improve the witness protection system. Third propose is to make witness oath system by legislation in China.