A Study On The Modification Of Criminal Witness Protection Institution

In judicial practice, it has been a difficult problem in Chinese criminal procedure law that the criminal witnesses appear in court and give evidence hard. Our law does not provide witnesses a good "witness environment", which is an important reason of this phenomenon. Therefore, it is imperative to establish the stable witness protection system. On the base of studying the experience of legislation and judicial practice of some countries and regions in the world in depth, comprehensively using methods of empirical analysis, comparative analysis and comprehensive induction, combining the reality of our country, this paper puts forward the suggestion of improving witness protection system.In this paper, the topic of "thinking about the criminal witness protection system", there are four parts.The first part is an overview of the theory of criminal witness protection system. This paper gives a clear definition of the concept of criminal witness protection system, the scope of application of criminal witness.The second part is the present situation and reflection of criminal witness protection system in china. The paper introduces the legislation of Chinese criminal procedure law (2012 Amendment), conducts the comparison research on the criminal witness protection system between our country and other countries and regions. Therefore, the paper puts forward fives problems which need to be improved, such as the law and legislation, loss of professional witness protection agencies, the narrow scope of witness protection, the number of matching operation, protection measures and fewer rules.The third part is the comparative analysis of foreign criminal witness protection. It summarizes and analyzes the legislation and execution experience in UK, Germany, France, USA, Taiwan of China and other countries and regions system, in the terms of the foreign criminal witness protection legislation, protection mechanism, the setting of the protection scope, protection measures and programs.The fourth part states the advice of perfection of criminal witness protection system in our country. For the above five problems, there are some improvements as follows:firstly, based on perfect subordinate legislation, perfect related laws and regulations, steadily built independent criminal witness protection law combined with the practice; secondly, straighten out the relationship of the existing witness protection institution in our country, build the independent witness protection mechanism in the terms of people, wealth; thirdly, expand the scope of subject and object of witness protection, incorporate the witnesses, expert witnesses, victims, the person and its closely related people into the main scope of protection, add the reputation, the spirit and content of property into the witness protection content; fourthly, propose perfect suggestions of witness protection procedure from the three aspects of starting, reviewing, lifting, and on the ripe condition, establish full-time protection mechanism; fifthly, improve the relevant supporting measures, and the paper mainly studies from the seven aspects of identity of the witness and other information confidentiality system, personal special protection, resettlement, ban, the purchase of insurance, the witness service occupation, safeguard and so on.