Studies On The System Of Criminal Witness To Testify In China

The testimony of a witness is a trial of one of the important evidence in criminal proceedings. The law of all countries in the world, we can find that, most are witness to testify in the court, or the testimony of a witness can not become valid evidence judging cases. The judicial practice all over the world also proved:witness to testify is one of the most effective and scientific methods of proof. The criminal witness the long-term judicial practice in China to testify in court current situation of the low rate, is a very serious problem. Criminal witness not appearing in court as a witness the fairness of judicature in China made great challenges, mainly has the following drawbacks:one is that China’s defense trial mode becomes a mere formality; two is to make the trial mainly depends on the objectivity of the documentary evidence and material evidence and the victim and the defendant stated, lack of witness testimony to the facts of the case expose the difficulty increases; three is the testimony of a witness can not be both sides inquiry, its credibility and authenticity is not high; the four is that the accused explanation right lost to a certain extent, thus unable to obtain due justice etc.. The witness is the realization of the social justice and the protection of human rights legal appeal target. How to improve the rate of witness appearing in court as a witness, related to the reform of our court system, impact. Therefore, the witness in criminal proceedings rate low in-depth analysis of the current situation, seek countermeasure, to improve the system of criminal witness to testify in court, to improve our criminal operation to testify in court is very important. However, because of the theoretical knowledge is limited, so in this article the author mainly from academia relatively mature point of view, and with reference to some foreign legal system is relatively perfect experience of countries, combined with China’s national conditions research. This paper is divided into the following four parts:The first part:the general theory of criminal witness. Firstly analyses the concept of witness, the witness shall enjoy the rights and obligations. Secondly analyzes the theory basis of the criminal witness to testify in court. Analysis of the criminal witness significance, that the witness can be beneficial to the justice of the procedure, the case and the protection of the human rights of the accused, it is inevitable demand of the reform of China’s witness system.The second part:the author of the Anglo American (America, UK) and civil law (Germany, France) related to criminal witness the main representative countries in the criminal procedure law to testify in court system are introduced and analyzed briefly. We refine useful experience of these countries on the witness system analysis of the potential of our witness system establishment and the positive influence of perfect.The third part:the author mainly introduces the problem and reason analysis of witness system in our criminal witness appearing in court, and that the low rate of criminal witness appearing in court in China is mainly caused by the legislative, judicial officers and witnesses of the three aspects, as the establishment and improvement of China’s criminal witness appearing in court system to lay the foundation.The fourth part:the author of the criminal witness present situation the author puts forward some ideas, suggestions for witnesses to establish mandatory system; clear witness qualifications, rights and obligations; given the right to refuse to witness; the establishment of discovery system; the establishment of a witness protection, compensation mechanism; establish the witness exception system etc..