Study On The Perfection Of China’s Criminal Witness Protection System

As the famous ancient law proverb goes:no witnesses, no action. The witness is very important participants in the proceedings, criminal lawsuit testimony of witnesses is one of the key evidence in criminal proceedings, to determine the direction of investigation or survey, the case facts, litigation mission and realize judicial justice is a very important role. According to law, people who know the case, have the obligation to testify.The2012revision of the "criminal procedural law" to strengthen the power of criminal witness protection, this is great progress on the criminal witness protection system. But we have to admit that, like the scope of the witness protection system is more perfect than countries and regions of witness protection system in China also has many disadvantages. In real life, the criminal witness testimony was threats, intimidation, or retaliate against the case happens quite often, therefore, the witness would not have to testify, testify etc. Phenomenon is very common. Statistics show that of the supreme people’s procuratorate criminal cases to more than80%, with a clear witness finally can testify is less than5%. In this situation, the root cause is our country’s current legislation on the safety of witnesses and their relatives economic benefit the protection of the weak, the witness rights and obligations of the serious imbalances. Therefore, the study of criminal witness protection system to perfect is of great significance.This article first to the criminal procedure, the essay discusses the theoretical basis and value of witness protection system; Then looked at the outside countries and the area is relatively perfect criminal witness protection system, and the commonness of criminal witness protection system is studied; And objective analysis of the current situations of criminal witness protection in our country, through a relatively perfect system of criminal witness protection and outside, put forward the deficiency existing in the criminal witness protection system in our country; Finally the author in reference outside the countries and regions on the basis of successful experience in the witness protection, at the same time fully understand China’s basic national conditions and respect the traditional culture, on the premise of criminal witness protection system in China are put forward to improve the idea.