The Study On Witness Attendance System Of Criminal Lawsuit In Domestis

Evidence is the bridge connecting entity and procedures, testimony of witness isone of the most important forms of evidence. Nowadays, in the judicial field,testimony of witness is still the most important trial basis all over the world. Since thefounding of new China, process consciousness is always very weak, the wrong senseof “Value entity, despise procedure" is very popular. In judicial practice, thephenomenon that the rate of attend of witness is very low, witness refused to testify isvery common, the safety of witnesses and their relatives can not be protected,economic losses of attend can’t be compansated. Compared with the countries whichtheir witness system is well-developed, there is a big gap. New criminal procedurelaw enacted in2012, which modified witness attend system in allusion to a series ofills established the "forcing the witness to appear in court,""key witness appearingin court system", that is a great progress of legislation, embodies the legislative spiritof protecting human rights,However, there are still some faults in it. In my essay, byanalyzing present situation of our witness attend system in criminal lawsuit,consulting legislation, I recommend that introducing such as "tainted witnesssystem","hearsay evidence rule" and some other advanced experience, toconsummate our witness attend system, reinforcing juristical propaganda,encouraging citizens to testify in court.