Study On The Protection Of Witnesses In Criminal Proceedings

Witnesses in the modern criminal justice has been playing an important role.Criminal witnesses, however, testifying difficultly and trialing difficultly has always beena difficulty in criminal lawsuit of our country. Criminal suspects considering of drawingon advantages and avoid disadvantages or being resentment, tend to strike witnesses orrevenge, in order to achieve the purpose of prevent witnesses to provide testimony ofwitnesses. And the witness for their safety, under enormous stress. Actually, not only inour country, also the witness is unwilling to testify around the world, to testify or totestify truthfully. Therefore, how to protect the witness gradually got the attention ofsociety. In the60s of the twentieth century, witness protection in America in the firstplace. Subsequently, the UK, Germany and China’s Taiwan and Hong Kong and othercountries and regions have formulated the special witness protection laws and regulations,for the importantly witness protection for consensus.The criminal procedure law of our country further perfecting, also need to cultivate agood testimony to the environment, improve the system of criminal witness protection isone of the important link. Therefore, it is necessary to draw lessons from foreignadvanced experience of the witness protection system, combining with our countryrealistic national condition, establish and improve the system of witness protection in thecriminal lawsuit of our country.The paper based on witness protection system abroad, on the basis of a comparativestudy based on China’s national conditions, the reasonable construction of China’s witnessprotection system is put forward some preliminary ideas. Concrete is divided into fiveparts:First chapter, mainly on the basic concept of criminal litigation witness protectionsystem is defined and expounded, makes a general explanation on the concept of witnessprotection, as well as the system development background, the formation of the theoretical basis and value has carried on the detailed analysis and research, this chapteris the premise and foundation of the following four chapters.The second chapter, mainly to foreign criminal litigation witness protection systemto carry on the detailed investigation and analysis, Through the analysis, summed up thetwo big legal systems about the progress of witness protection system, for the nextchapters3and4. In our country has not yet formed the witness protection system to do areference.The third chapter, mainly analyzes the present situation of witness protection systemin criminal lawsuit, at the same time pointed out that current our country in a series ofdefects and problems existing in the legislation and practice.The fourth chapter, mainly elaborated on the legislative proposals of establishingcriminal lawsuit of witness protection system in China, through the legislation lack ofprogress and shortcomings were analyzed. According to human rights safeguard,procedural justice and the social value view, construct7legislative Suggestions in ourcountry, through legislative voluntary optimization using as much as possible to improvethe witness protection system in criminal procedure legislation in our country.The fifth chapter, on perfect witness protection in the criminal procedure, not onlyreflected in the legislative level, more important is to practice unifies, so, this chaptermainly is the judicial aspects of advice and perfect.