The Study Of System For Witness Protection In Criminal Procedure

The witness and his testimony are the important evidences during criminal procedurewhich means a lot for the facts finding in cases, punishing convicts and safeguarding thehuman rights. However,in the judicial practice, it is common that the witnesses refuse totestify due to being lack of effective and overall system of protection for witness and hiskindred so that the effective testimony is hard to get.In consideration of the above mentioned common problem and the imperfectly relevantlaws and regulations for the system of witness protection, it is necessary and urgent toestablish effective laws and regulations relating to the witness protection in criminalprocedure. Contrary to the background of reality, by analyzing the progress of witnessprotection in the criminal procedure in our country, investigating the system of witnessprotection in criminal procedure of other countries in comparison and further analyzing thestatus quo and deficiencies in the system of witness protection of our country, in combinationwith the latest regulations in criminal procedure the author writes this thesis to bring upimproved advice for principles and contents of witness protection. The author hopes that it ishelpful for consummating the legal system in the witness protection and establishing thebetter system for witness testimony in criminal procedure.The paper is divided into four sections of the criminal witness protection system analysis,a total of27,264full-text body part.First and foremost, the author generalizes the system of witness protection in criminalprocedure by describing different ways for classification, the dangers and necessities ofwitness protection. Witness protection classification from around the time of the witnesses totestify to the judicial critical point, the different stages of the proceedings of the criminalproceedings, whether the protected person of the rights of the witness protection programstarts infringe angle as the critical point for discussion; witness protection dangerousOverview in the system focuses on the dangerous source of complexity and risk withlong-term potential, the violated witnesses interests and the object extensive features; witnessprotection is an inevitable requirement of the principle of due process of law, is a witness tofulfill testify the logical result of the obligation to improve the the inevitable requirementcriminal witnesses to testify status point of view on the need for the protection of witnesses.Then the author analyzes the progresses in the new criminal procedure with regard to the methods and measures, types of cases and dangers of witness protection, which also includesthat the witness owns right to apply protection initiatively, the witness who refuses to testifyhas to bear legal consequences, conditions exist for people who testify, certain witness ownsright to refuse to testify and so on.Lastly, on the basis of progresses the author analyzes the shortages of witness protectionwith regard to witness qualification, conditions for testifying, targets of protection, theestablishment of institutions and ranges of cases by comparing this system at home andabroad which leads to the objective of this thesis naturally.The author then puts forward the advice of consummation for witness protection incriminal procedure on the basis of progresses and shortages. The author researches this topicfrom two angles:The first angle is about the consummations for principles of witness protection incriminal procedure. Firstly, the right of defense for defendants shall not be deprived under thewitness protection measures even if certain rights of defendants shall be limited. Theprotection for both witnesses and defendants embodies the respect and safeguarding of humanrights which needs a balance when there are conflicts of rights. These are the idea and spirit ofmodern justice.Secondly, the rights and interests of witnesses shall not be invaded by judicialorgans which is the basic requirement. Compared to the social safety witnesses face, theconsequences caused by judicial organs are severer. Only by this legal safety, the witness canbelieve that the witness protection institutions and measures are convincing and testifywithout worries.Thirdly, the protection measures shall not over limit the rights of witness. Where thepresent rights are limited and deprived, maybe the witness will refuse to testify let alone thepersonal freedom. Therefore, the protection for witnesses shall not over limit the rights andliberties of witnesses. For the principles of witness protection, the author has put forward theabove mentioned advice. But at the same time there is a unshakable basic principle forwitness protection which is that the nation plays a leading role in witness protection. Duringthe process of modern witness protection, the non government organizations for witnessprotection are established step by step in countries represented by England. In accordancewith the conditions in our country, we should adhere to the principle that the nation shall playa leading role in witness protection. Only by this the person and his property of witness andhis near relatives can be protected which encourages the witnesses to testify. The second angle is about the consummations for contents of witness protection incriminal procedure. Firstly, the law shall establish qualifications, conditions and obligations ofwitnesses clearly during the process of this so that the perfect system of witness protectioncan be established. Secondly, the law shall expend the protection range for witnesses and theirnear relatives which includes the relationship of marriage, factual bring ups and others so thatthe witness can testify without family considerations. Thirdly, the special organs for witnessprotection shall be established during the judicial and administrative departments separatelyfor decisions and enforcement. At the same time the organs of supervision shall be establishedto distinguish the decision and enforcement and supervise them which can assure the practicefor witness protection. Fourthly, compared to the regular range of witness protectioninternationally, the ranges of cases and witness protection aspects shall be expanded becausethe present protection is only limited to the personal security. However, sometimes thesubstantial property interest is as important as the personal safety. Therefore, the cases shallinvolve the bribery, robbery and other severe offence.