Study On Criminal Witness To Testify In Court System Context Of New Criminal Procedure Law

Since the trial activities,the testimony of witnesses, which is an important type of evidence began to occur. No matter in the common law system or continental law system, the testimony of witnesses in the position in the system of evidence should not be underestimated. That’s different from other types of evidence is, the testimony of witnesses need the help of human thinking activities to complete. Because of the subjective factors, Often lead to the differences of the facts of the case in the understanding and the understanding and even appear of perjury.Therefore, the review of the authenticity and rationality of the testimony of witnesses and the testimony of witnesses are equally important to the significant role of case.To identify the most effective way is to witness testimony of witnesses in court testimony, However, because of many drawbacks in China’s criminal legislation and judicature, lead to the rate of witnesses appear in the court is extremely low in our country. In order to solve the problem, the fifth session of the national people’s congress amendment the “the criminal procedure law of the people’s republic of china”( 2012 “ the criminal procedure law”).Modification of the criminal procedure law of criminal witness system has been improved large-scale legislation, to improve the legal protection of the witnesses to appear in court, witness rights and interests. Compared with the 1996 "criminal procedure law", the 2012 "Criminal Procedure Law" shows the progress.However, the legislation is limited to the level of social, inevitably there are some shortcomings. 2012 "Criminal Procedure Law" in the witness protection system,the righe of Immunity to testify, the witness compensation system still have some insufficients.In recognition of the problems at the same time, Drawing on the useful experience of foreign countries can help to provide countermeasures.