The Analysis Of Criminal Witness To Appear In Court And It’s Derived Problems

Criminal witnesses to testify is maintaining procedural justice and to ensure the needs ofthe entity justice and is the litmus test of a fair trial, But in the judicial practice of our country,the present situation of the witnesses to appear in court to remain unchanged, the witness toappear in court rate low has been a real problem in front of us. Improve the system of criminalwitness to testify in our country has a great realistic meaning and judicial perfect symbolism.On March14,2012, the National People’s Congress passed the revised criminal procedure law,this article starts with the basic knowledge of criminal witness to appear in court to testify isintroduced and the amendment of criminal procedural law of the new opportunity, graduallyin-depth discussion.First of all, this paper introduces the basic knowledge of our country’s criminal witnessto appear in court to testify, theory origin, including the overview of the witnesses to appear incourt to testify, witness to testify the necessity of discussing the theory basic principle andwitnesses;Second, is to foreign criminal witness to appear in court to testify system has carried onthe investigation and evaluation, mainly comparative perfect witness to testify in legislationof typical countries of Anglo-American law system and continental law system;Then, the analysis of China’s new criminal law to modify the witness to testify before thepresent situation and the deep cause of the status quo, Witness to testify to the new revision ofthe criminal procedure law in part of the contents of the detailed and comprehensiveinterpretation, must be the change in China’s present situation to improve the positivesignificance of the witnesses to appear in court, Then, deeply analyze dug up the legislationdeficiencies in this change, including some vague expression the provisions of the lack ofoperability and some blank law still has not involved in the system, etc;Finally, combine concrete national conditions of our country actively draw lessons fromthe domestic and foreign legislation, the advantages of the proposed on the basis of themodified points to further perfect the system of the witness to appear in court in our country some new attempt, Comes to further expand the right of witness exemption certificate, sets upa special witness protection law to expand the scope of witness protection, clear the witnessprotection agency, the responsibility of the lack of witness protection division and increase,and refine and improve the witness protection measures required to form a more perfectwitness protection system, perfecting the responsibility mechanism by witnesses refused totestify, trying to build system of witness oath, etc. We hope that we can through these effortsto improve the problem of low rate of witness to testify in China play a positive role.