Theory Of Construction Of Criminal Litigation System Of Key Witnesses To Appear In Court To Testify

In March2012, just through the amendment to the criminal procedure lawmade a large new rules on the witness system, greatly improve the deficiency ofthe previous criminal procedure law about the witness. Among them, about theprovisions of article one hundred and eighty-seven of the:"or the public prosecutor,the parties, the defenders and agents AD litem to object to the testimony ofwitnesses, and the testimony of witnesses to the conviction sentencing case, thepeoples court think it is necessary to the witnesses to appear in court to testify, thewitness should testify." is involved in this paper, the so-called "key witness". In thispaper, the key witnesses to appear in court to testify system is put forward an idea ofthe perfect witness system in current China, it is not only based on the limitedjudicial resources and the realistic requirement of judicial efficiency, also is the trendof fashion in legislation in our country.To this end, the paper from the following four generous face researchconstruction of key witnesses to appear in court to testify system in China:The first part is mainly to define the concept and scope of the key witness.The determination of critical of criminal witness, contains two levels successively: themain points of the first points in order to determine the need to witness appear incourt criminal major difficult cases; The second point is the need to witness appear incourt criminal major difficult cases, to determine what should be a necessary keywitness appear in court.The second part mainly demonstrate key witnesses to appear in court totestify the necessity of building. First of all, analyze the existing conditions of thewitness to testify in our country, including the harm of the witness does not appearin court, expounds the reasons, Secondly from the Angle of theory and practice ofthe value of the key witnesses to appear in court to testify system are analyzed, toshow the legitimacy and rationality of the system.The third part mainly discusses to build key witnesses to testify feasibility ofreality. First through precedents and reasoning methods of all the witnesses to appear in court to testify point of view and to build eliminating rules of hearsayevidence has carried on the counter, and give my reasons. Then the demonstrationof the reality construction system of key witnesses to appear in court to testifyfeasibility performance in what way.The fourth part is mainly to the establishment of the system of key witnessesto appear in court to testify has carried on the concrete conception. First of allintroduces the rules of criminal procedure of key witnesses to appear in court andcross-examination, and according to the order of criminal procedure is divided into toappear in court preparation procedures and to appear in court aftercross-examination; Then expounds the key witnesses testify exceptions, of course,the exceptions must have legitimate reasons, that is only because of objectivereasons and for the privilege of this two kinds of legal reasons, and for this two kindsof legal reasons for the strictly limited, in order to prevent malicious artificiallyenlarged. Procedural rules, however, due to the lack of legal consequences, inviolation of regulations and often become a mere formality, cant implement. So nextto the key witnesses in without good reason refuses to appear in court after thecourt session of the procedural consequences analysis and give their ownconclusions. Finally, to carry out the key witness appear in court to testify systemshall take security measures put forward its own Suggestions, mainly divided into twocategories: incentives and sanctions. Because of considering the system of keywitnesses to appear in court to testify is a complete system, it includes not only thekey witness to testify the provisions of the relevant procedures, including a series ofsafeguard measures for key witness to testify.