Researeh On The System Of Witness Compulsorily Appearing In Court

In view of the witnesses difficult to appear in court problem, the criminalprocedure law which formally implemented on January1,2013established the systemof forcing the witness to appear in court. By trying to apply to refuse the witnesscompulsory measures in order to ensure the witness to appear in court. author On thebasis of the legislation background, Analyses the nature of the measures ofcompulsory witnesses to testify, Compulsory measures as a witness to testifysanctions on a procedural law, because of its mandatory punitive been controversial.In fact, both from the nature of the behavior of witnesses, feasibility analysis of thesystem or from the necessity of mandatory, mandatory witnesses system introducedrationality is understandable. Despite China’s current system of mandatory witnesseshas made significant breakthroughs in legislation, However, the relevant provisionsare still slightly less compared to foreign, Through a comparative study with otherrelevant national regimes analogy, drawing, combined with the specific requirementsof our country, We found our way to achieve the mandatory witnesses on the species,sanctions there is a room for improvement. so, rich, the kinds of measures ofcompulsory witnesses to testify,witnesses refuse to appear in court behavior into sinbecame the response to the legislative defects in our country.And adopt the methodof comparative study, Related systems in other countries analogy, learn, Combinedwith the specific requirements of our country, Implementation of China’s compulsorywitnesses have improved space in species, sanctions. meanwhile, Through theempirical investigation, The author points out that, Dossier centrism, powerful controlover judges,"the result centrism" concept litigation, Resulting in legislation andpractice of forced witnesses contrast.in the framework of the whole Chinese judicialsystem does not change, Forced Witness System differences in legislation and practiceis difficult to resolve. In short, in order to ensure that the system of compulsorywitnesses effective application requires not only learn from the experience ofextraterritorial laws, but according to our actual needs, improve the relevantlegislation, reform of the judicial system, the establishment of a socialist society ruledby law.