The Research Of Legal Issues In Criminal Witness System

Witnesses, which can effectively compensate for their memory errors, prevent willful perjury, to correct misleading way to bring its expression, so the witness to testify can help to discover the truth. In addition, witnesses also can help protect the defendant’s right to confrontation, the confrontation human rights is part of the defendant, we can learn from the relatively complete system of witnesses of United States, Britain, Germany, France, Japan, Taiwan and other countries（regions） have.The new Code of Criminal Procedure of witnesses to testify regime many amendments:provides for the specific circumstances of the witness should testify; increased the compulsory attendance of witnesses system, and provides for the consequences of non-appearance of witnesses; increases the investigators and experts court system; strengthen the rights of witnesses。 However, these amendments are also some limitations First, the witness "should" testify conditions are too harsh, whether in this testimony have a significant impact on the conviction and sentencing, whether the court deems it necessary, etc., courts have greater discretion。 Second, the mandatory provisions of powerless witnesses to court. Not all "should" appear in court and refused to appear in court witnesses are "forced" Object; And still does not appear in court for compulsory after witness its adverse consequences only for personal punishment, without affecting the identification of the testimony. Third, witnesses, investigators, expert witnesses appear treated differently. Witness refuses to appear in court should take personal consequences, experts refused to appear to influence the adoption of expert opinion, and for the consequences of investigators refused to appear in court but did not make any provision. Fourth, the relevant provisions of witness protection is not perfect. Witness protection cases can be taken too narrow, witness protection application procedures, review procedures, start the program did not carry out.In practice, our witness is low,"docket transcripts centrism" long-term are dominant."Docket transcripts centrism" is Professor Chen Ruihua of Criminal Justice Style generalizations. In this mode, the prosecution relies almost completely "read" testimony transcripts way to produce the testimony of witnesses. Direct reason for this situation is that the transfer system files, simply because the investigation centered litigation structure. Therefore, the future to effectively and significantly improve the rate of attendance of witnesses shall be established in our country hearsay exclusion rules, and further improve the system of the relevant provisions of witnesses.