The Study Of Chinese Criminal Witness Protection System

Criminal witness prosecution protection system is an important system of the rule oflaw social request, is to ensure the benign operation of the criminal procedure, is a measureof a country’s criminal justice system, is to improve and perfect the important standard.Concerning traceability from theory and practice, the Chinese criminal witness protectionsystem has lagged behind other countries. The reason is mainly because China’s scholars ofjurisprudence and the legislative branch of criminal litigation system did not pay enough towitness protection. As a result, in our country the problem of the construction of legislation,law enforcement, the construction of legal consciousness occurred frequently, also thewhole process of the construction of the rule of law is influenced. And imperfect legislation,regulations and too principle; Law enforcement, the lack of basis, is difficult to achieve thedesired effect; The establishment of the legal consciousness, the years of negativeincentives, such as revenge, making the witness dare not to testify or don’t like to appear incourt to testify. In view of this, the summarizing of criminal witness protection systemdeveloped abroad at the same time, combining the situation of China’s domestic, this papertry to find suitable criminal witness protection system for our country. From the perspectiveon the overall structure of this article, mainly from the theoretical basis of criminallitigation witness protection system in China’s point of view, this paper expounds thenecessity of the criminal lawsuit of our country witness protection, feasibility and two biglegal systems about the background and status quo of criminal witness protection system.Reveal the witness protection system in our country in the implementation of legislationand the deficiencies, and profound analysis of the cause of the problem. Legislation basedon the combination of China’s national conditions and judicial present situation, and hope toseek a strong operational and practical way, proposed the reform direction of the criminalwitness protection system. This article is divided into three chapters except the preface andthe conclusion, the first part introduces the criminal litigation system of witnesses to testifysystem theory premise; the second part introduces the problem of criminal witnessprotection system in our country and the reasons for analysis; the third part combined withChinese actual conditions, puts forward the relevant reform direction.