Shortcomings And Perfection Of Witness System

The testimony of witness is an important form of evidence in criminal procedure, it is to find out the truth of cases, realizes the penalty crime and the safeguard human rights lawsuit purpose plays an important role in. But in the judicial practice, China witnesses rate is very low, the witnesses refuse to testify before the phenomenon it is often seen., which restricts the reform of the judicial system of China, especially the bottleneck of court reform. In this sense, to solve this problem fundamentally, promote the benign cycle of witness testimony, effective against all kinds of illegal crime, the realization of procedural justice and right judgment, maintain the authority of law, we must establish a perfect witness to appear in court and the right protection system and supporting system related. In this paper, through the study on the legislation of witness in foreign countries and regions in the criminal court, combined with the current legislation and justice system to witness in China, analysis of China’s criminal trial system deficiencies exist in the witness, and to the existing basis and perfect our witness system suggestion.This paper is divided into five parts. The first part of the introduction. This part focuses on the new criminal procedure lawsystem of witness appearance defects and perfection of the background, significance and the domestic and foreign related research situation, research methods to be described, emphasizing the importance to perfect the system of appearing in court as a witness in criminal procedure.The second part of the witness system in the criminal procedure law of our country. Mainly includes:the provisions of the new criminal procedure law; similarities and differences with the old criminal law significance and defects.The third part is the witness system existing problem of our witnesses, existing problems at present are analyzed from the legislative, judicial problems.The fourth part is to testify in court system of extraterritorial witness. This part expounds the court on behalf of the state and protect the typical Anglo-American law system and continental law system and China’s Taiwan region, witness system, and make analysis.Improve the system of witness in fifth parts. This part proposes and to protect the rights of the legislative and judicial suggestions to fit for the situation of our country from the aspects of expanding witness witness object and scope, determine the organ, the witness protection program and protection measures.At lsat,summary of China’s criminal legislation of witness appearing in court and the lack of rights protection, in reference of foreign legal experience, to improve our country’s criminal procedure and the protection of the rights of the legislative and judicial suggestions to the witnesses to appear in court.This witness modification to the new criminal procedure law and the protection of the rights of the court made a systematic study, and learn from foreign legislative experience and theoretical results, the use of empirical comparative analysis research method, proposed consummates our country criminal witness protection system action proposals.