Chinese Criminal Witness Protection

In criminal proceeding, criminal witness is an important participant. In the process of criminal cases in the court, we must make the pledge that witnesses testify unscrupulously to maintain the judicial justice, social fairness and social justice in our country, so that our country’s criminal lawsuit activity can run smoothly. Although the appearance of the criminal witness in court is very important, but the rate of China’s criminal witness to appear in court is very low in the present. In the first-instance court, the rate of the criminal witness to appear in court averaged less than ten percent. In the second-instance court, the rate of criminal witness to appear in court averaged less than five percent. While in those major criminal cases almost no one is willing to appear in court for testimony and in some remote poor areas in China even can’t find a witness. In our country, the interoperability of the relevant legislation of witness protection is not strong, so that the law lags behind the judicial practice. Our law cannot be a good guide in our present criminal witness protection work, so that we can’t protect the rights and interests of criminal witnesses enough. Coupled with the awkward position of criminal witness and a lot of unhappy endings in many practical cases, make witnesses dare not to testify, more is not willing to testify. In this article, I make a comprehensive analysis for the value of the criminal witness protection system in our country. Based on the current status quo of criminal witness protection system in our country, I study the criminal witness protection system of the United States, Britain, Germany and other advanced countries and areas. By referencing to their precious legislative experiences and their practical experiences, I put forward some opinions to improve our country’s criminal witness protection system from various angles. This paper is divided into three parts:In the first part, I focus on highlighting the value of the criminal witness protection system in our country. Testimony of witnesses is the most original natural evidence. The witness to testify is better to learn the case facts, make the judge to make the right decision, really ensure the judicial justice and the realization of the real "god’s mill grinds slow but sure". In order to realize the direct purpose of criminal proceedings, I discuss the value of criminal witness protection system in our country in detail from two aspects of entity justice and procedure justice. Chen guangzhong once said that judicial justice is the last barrier to maintain social fairness and justice, is the external window, soul and lifeline of judicial organs. Judicial justice has a very important position in the modern society and the political democracy, which is a progressive important marking of a nation, one of the most important rules in national modern economic development and social stability and is also the rule of law. Criminal witness protection system is the guarantee of judicial justice and the social fairness and justice.In the second part, I mainly write the present situation of criminal witness protection system in our country. I list China’s current laws and regulations of the criminal witness protection in our country, and describe the shortage of legislation at present from the protection of the subject, object, methods, measures, procedure, responsibility and consequences, the privilege system of evidence and so on.I write the present low rate of criminal witness to appear in court, by listing the data of witness to appear in court. I highlight the concern about the present situation of criminal witness protection system in our country by listing four typical cases. By summing up the exploration and try in parts of our country judicial organ in the practice, let’s see the hope and regain the confidence in the long way of the criminal witness protection work. Finally, I analyze the main causes why the rate of criminal witness to appear in court is so low in our country in detail and makes a detailed summary and analysis for all sorts of problems existing in the criminal witness protection system in our country.In the third part, I mainly write about the improvement of the criminal witness protection system in our country. I put forward my own opinion to the improvement of the criminal witness protection system in our country mainly from two aspects of criminal witness protection principle and concrete practice. To clear that we should adhere to the timely and effective in accordance with the law, pay attention to fairness, efficiency, confidentiality, neutrality and the whole principles in our country criminal witness protection work. I investigate the related practice of United States, Britain, Germany, Canada, the Philippines, Hong Kong and Taiwan in detail mainly from the subject of witness protection, the object, the procedure, specific measures, the source of funds and so on several aspects. On the basis of the study, I propose my own opinion to improve our country’s criminal witness protection system from various angles by learning from their precious legislative experiences and practical experiences.