Theory In China’s Criminal Lawsuits Witness Earing In Court To Give Evidence System

In China’s criminal lawsuits activities, there has been a witness to appear in court to accept cross-examination, not only by the investigation organ in written form to provide a witness’s testimony, which can lead to criminal trial can not of the witness ’testimony for justice, full cross-examination, And the investigation organ in the collection in the process of the witness ’testimony and the lack of perfect supervision, this current situation led to criminal trial process, the judges of the witness’ testimony from the content of the letter and inner confirm degree is very passive. The new criminal procedural law came out, the author unfortunately found, the new criminal procedural law did not improve the old method of the witness testimony rules too principle, generality, lack of operable present situation, for the witness scope, the witness rights and obligations, the witness refuses to testify to bear legal responsibilities not to detailed regulations, the legislative defects of a direct impact on the testimony of witnesses in criminal justice function. Western countries has insisted directly proof principle and exclude hearsay evidence principle who goes far ahead before us which we can learn from. In the current situation of China’s judicial practice, to establish a complete system of witnesses testifying., reducing the written testimony, encouraging face to face presentation, accepting requests from all the other sides, making the judges more confident to give judgments. It is conducive to restore the truth of the case and to prevent miscarriages of justice. We should also try to find out the reason that the witness refuse to come to the court, resolve their worries, it’s better to offer some remuneration, which would help improve the witness’motivation. At last, set up enactments that could allow witnesses to have the rights to refuse coming to the court in order to protect their rights better.