Research On The Security Mechanism Of The Criminal Witness’Appearance In Court To Testify

In China’s criminal proceedings, criminal witness refers to the use of itssensory organs of perception, the circumstances of the case, and the public security organs except to know the facts of the case statement lawsuit main body third. The criminal witness appearing in court is the principle, principle of direct andverbal ascertain criminal facts of the case, the guarantee of the accusedperson litigation rights of criminal justice, ensure the requirements. The criminal witness appearing in court is the principle, principle of direct andverbal ascertain criminal facts of the case, the guarantee of the accusedperson litigation rights of criminal justice, ensure the requirements. In order to guarantee the realization of criminal witness smooth testify this purpose, shall establish appearing in court as a witness, witness protection,criminal witness economic compensation system and a set of criminal witnessprotection mechanisms including compulsory criminal witness.Construction of the criminal witness protection mechanism of criminal witnesspersonal safety, property safety protection, eliminating the witness concerns,necessary for its due to testify caused economic loss compensation, improve their enthusiasm to testify in court. The criminal witness to fulfill the obligation to testify in the court to provide asystem guarantee, to participate in the court, in order to promote the development of criminal procedure justice smoothly. In recent years, the theoretical circle for the construction of appearing in court as a witness protection mechanism do a great deal of academic research on China’s criminal witness, the judicial practice also on theconstruction of China’s criminal witness appearing in court has been actively exploring witness security mechanism, accumulated certain experience, at the same time as China’s comprehensive national strength growing, the national economy wide income to improve national criminal procedure, increase the investment funds, the national security of criminal witness to testify in courtalso further enhance. In particular, the criminal procedure law of China was revised in2012, addedformulated a series of criminal witness measures, the construction toguarantee mechanism has milepost significance of criminal witness testimony. Can say, China has the construction of realistic conditions guarantee mechanism of criminal witness testifying in court.The author through to the overseas criminal witness protection mechanismstudy, learn from the experience of foreign advanced, combined with the law of criminal procedure revised the""(hereinafter referred to as the new"criminal procedural law" the relevant provisions and judicial practice), uses the method of comparative method and specification analysis, with emphasis on China’s criminal witness witness protection mechanism for research, find out its defects, and puts forward the corresponding improvement suggestions.Aiming at the defects of our compulsory criminal witness system. Should be more clearly set the standard of criminal witness to testify in court,the people’s court to cancel the decision, the provisions of the criminalwitness appearing in court in the people’s court for double direction directly. Increase of refusing to fulfill the obligation to testify in the court of criminalwitness punishment, increase penalties, the contempt of court and other punitive measures, and the penalties applicable to adapt with the criminal witness refuses to perform the obligation to testify in the court of the severity of. Should define its as compulsory criminal witnesses means. The law should make clear provisions on the criminal witness refuses totestify the validity of the written testimony. We should further expand the scope of the subject of China’s privilege of witness, and the privilege of witness should be throughout the whole stage of criminal proceedings. Shall formulate testify procedure, for refusing to fulfill the obligation to testify in the court of criminal witness punishment and the relief procedure of criminal witness appearing in court.Aiming at the defects of our criminal witness protection mechanism. Should expand the scope of the criminal witness protection object, increase the protection in law, and engaged with other people or identity of criminal witness or a close interest in life. Expand the protection of criminal witness object, increased protection fortheir property rights, reputation status. Take a variety of measures of protection of witness scope of the case, in addition to considering the nature of the crime is more serious, should also consider the factors of personal danger the accused person. Which one or even several protective measures for criminal witness, should according to the severity of criminal witness faced danger to decide. A variety of additional risk reporting system, relocated and change the identity protection measures such as. Should increase the penalties for criminal witness take revenge,"criminal law"to take revenge witnesses to make separate provision, the maximum sentence can be sentenced to death. The establishment of a separate witness protection coordination mechanismin the judiciary, responsible for the coordination of the three organs of public security criminal witness protection. The establishment of the criminal witness protection application, approval,implementation program. Should stipulate the criminal witness protection of the accountability system, increase the intensity of the criminal witness protection dereliction of duty to punish.Aiming at the defects of criminal witness economic compensation mechanism in. China should take "witness allowance" into the subsidy. The criminal witness in court testimony of other property losses caused by the provisions,can be directly by the judicial organ, and the government financialcompensation. For the economic compensation standard, witness allowance amount is determined according to the local standard of living; witness expenses of transportation, accommodation, meal allowance, shall be decided according to the criminal witness distance, traffic conditions, living standards,"the actual expenditure" principle. Establish the witness economic compensation fund of national criminal witness, or the establishment of central government funds to protect witness economic compensation funds of criminal witness appearing in court. The criminal witness compensation fee delays by the state according to certain standards to testify in court. The establishment of criminal witness economic compensation application and approval, issue procedure.