On The System Of Witness-Protection In Criminal Procedure

The system of witness-protection is an important system that protects human rights of witnesses and guarantees judicial justice. In our Country, the system of witness-protection is still in the beginning stage and is explored in fields of legislation, judicature and law enforcement. This Essay is based on current situation of the system of witness-protection in our country’s criminal procedure and our country’s conditions, refers to foreign experience and thoroughly studies the system of witness-protection.On the whole, besides introduction and conclusion, this essay includes mainly three parts:the overview of the system of witness-protection in criminal procedure, construction actuality in our country’s system of witness-protection and improvement of our country’s system of witness-protection.In the first part, I start from the theoretic and realistic preconditions to analyze the appearance of the system of witness-protection. Then I explain the necessity or value of this system, which includes guaranteeing basic human rights, restraining subsidiary crimes, improving proof system and social value. In the end, I discuss outside systems of witness-protection including U.N., USA, England and Taiwan to provide abundant materials and valuable experiences for our country’s system of witness-protection.The second part corresponds to the new part of system of witness-protection in Criminal Procedure Law. In this part, I start from the two aspects legislation and juridical practice, especially by way of examples, to describe practices of exploring this system across the country. Lastly, I summarize the problems in our country’s system of witness-protection and analyze the reasons of these problems. The third part based on those above problems to consider how to improve this system in our country. It mainly includes these following aspects:establishing the system of application of witness-protection, structuring the program of witness-protection, enlarging cases’scope suitable for the system of witness-protection, determining executive agency of this system and others. In these five aspects, I start from the perspective of reality, combine with the situation in China enough consider competitions between tradition legal thoughts and modern legal idea, and put forward development direction and concrete plans in improving our country’s system of witness-protection. My work makes beneficial explorations for this system.