Theory Of Criminal Litigation Witness Refused To Testify In Legal Consequences And Responsibility Legislation Conflict

Since in recent years, along with the low rate of witness to testify in criminallawsuit last, how to improve the rate of witness to testify, improve the efficiency ofcriminal case detection has become a judicial departments, experts and scholars havepaid attention to by the one of the problems. Although judicial practice have highneed to witness to testify, but, because in the legislation for the witness protection isnot enough comprehensive, combined with our country people long-term formation ofthe "weary","tooth suit" concept, result in judicial authorities are keen to witness totestify on one hand, to assist the case broke; On the other hand the witness out ofself-interest considerations and not willing to provide testimony in court. The conflictbetween the two is the legal responsibility and legal consequences of the conflict.Only balance the conflict, can fundamentally solve the judicial situation of witness totestify difficult, this is also the fundamental purpose of the writing in this paper. Today,although the influence of the witness to testify in criminal detection has gradually betaken seriously, and according to the2012new can glimpse the relevant provisions ofthe criminal procedure law, however, a careful reading, still is not comprehensive, sohow to solve the problem of witness to testify difficult has become plagued thejudicial departments, experts and scholars have a problem. And the author isconcerned about this, hope that through their own exploration and thinking, so as toimprove the judicial status quo of the predicament to give advice. This paper is divided into four parts: the first part is on China’s current criminalcases in the judicial practice of low rate of witnesses to appear in court, find itscharacteristics, combined with China’s national conditions to analyze its specificcauses; The second part mainly from the theory Angle to explore the witness refusedto testify in criminal cases in China legal results and responsibility legislation conflict,in this part of the first witness to testify in criminal procedure in our countrylegislation history and comparison, then from the legal point of view the content ofthe legal consequences for the witness refused to testify and elaborates thecharacteristics, finally, the legal consequences and responsibilities in terms of thespecific construction form of legislation conflict evaluation; The third part of theAnglo-American law system and continental law system country of witness to testifyin the criminal litigation rules, learn from the experience to promote good maturelegislation in our country; Over the fourth part mainly discusses how to deal with thethinking and countermeasures of legal consequences and liability legislation conflict,this section, the author from five aspects to further perfect our country criminallitigation witness to testify reform measures are put forward, in order to guide thejudicial practice, this part is on the basis of above, according to experts and scholarsof the new system, to give their Suggestions on the basis of thinking, the rate of thewitnesses to appear in court in criminal litigation in order to provide a broader space.