An Reflection On The Issue Of The Appearance Of Witnesses In Court

The witness appearance before the court is of great significance, which isconducive to identify the truth of the cases, to ensure the defendant’s right toconfront and promote the formation of the structure of adversarial system.Some dynasties of China had regulations on the witness appearance.The number of rules about coercive measure and the privilege is much morethan the current law in terms of the witness appearance.Modern western countries also have rules on the coercive measure andthe privilege rules, which could be models for China to follow.The issue of the appearance of witnesses has bothered legal theoristsand practitioners in China for a long time. The judicial reform requires judgesto rely more on the evidence presented and cross-examined in court.Therefore, the problem of few witnesses testifying in court has becomeincreasingly grim. Many articles have put forward recommendations, and thenewly amended Criminal Procedure Law has also made a series of newprovisions. This paper attempts to integrate these different perspectives, toquestion and to reflect on the core of the problem of the appearance ofwitnesses, and to evaluate the new provisions. The author also proposes asystem which protects the right of confrontation and ensures the appearanceof the necessary witnesses, and give other recommendations to improve thecurrent situation.