Research On Witness Testify System In Criminal Proceeding Of Our Country

The testimony of witnesses is the third largest Form of evidence, except witness andphysical evidence, holds the important position in criminal trial,In the trial of criminalproceedings.The testimony of witnesses on the basis of its own has the characteristics ofsubjectivity, concreteness.Statement of the witness’s testimony is use full knowingactual circumstances and reduction the case, so it is very important to the accuracy ofthe witness’s testimony.The best way ensure the witness testimony is true is making thewitness come to court, the testimony of witnesses in court accept cross-examination ofthe prosecuting and defending parties, forms the legal fact.In order to ensure the witnesscan come to the court Criminal procedure law modified in2012,Improve the system ofthe witnesses come to the court and set up the system of forcing the witness come to thecourt.It performance in the close relatives from testifying rights granted.For someimportant witness forced them appear in court to testify, in the witness protection andputs forward some concrete protection agencies and protective measures, to givewitness to testify on the economy.Now,the low rate of witnesses to come to court in ourcountry is very serious.We want to change the low rate of the witnesses t appear in courtis not can be achieved overnight.Due to the witness appear in court system in ourcountry has a lot of problem, The revision is not comprehensive, there are still someproblem to be remind such as no legal basis.In addition, the citizens change legalconsciousness that put the testify to the court as the bound duty also needs a process.This article through four parts to study the system of witness to testify In the firstpart:The witness to appear in court system has the significance of witness to appear incourt,The first part indicates the significance of witnesses to testify.To implement theprinciple of direct verbal to safeguard human rights, to conducive the promotion ofjudicial reform to improve the citizens’ legal consciousness; The second part mainly listssome special measures and legal provisions in the witnesses to appear in court systemfrom the Germany, France, the United States, Britain and other foreign countries.Thethird part and the fourth part as the focus of the article mainly wrote the problem andreason of witness to appear in court system in our country at present,as well as thesolution.such as expand the scope of criminal witness immunity, refine the effectivenessof the testimony of witnesses, witness protection mechanisms, restrict the discretion ofthe judge and the establishment of good legal culture atmosphere. I hope that judicial explanation or modify points can solve these problems, provide solutions to offer helpfor judicial reform in the future This article applies the method of comparison throughcomparison foreign countries legal and no changed legal in our country to Put forwardnew suggestions.