Research On Witness To Testify System Of Criminal In China

The evidence system is one of the most important institutionals in criminal procedure, and cross-examination of witness testimony as proof of an important part of criminal proceedings for the world as universal attention. Criminal witnesses to testify is beneficial to protect the litigation rights of the defendants, which is not only based on the principle of direct verbal trial, but also conducive to the reform of our country’s trial mode, but also an important means to guarantee the procedure justice and safeguard judicial authority. However, for a long time, the problem of low rate of criminal witness to testify in China has been difficult to solve, and it almost becomes a constraint ill restricting our trial activities carried out smoothly.The new criminal procedure law in 2013 has made a significant revision and reform of the system of witness in our country. The contents of the amendment are mainly related to the condition of the witness, the compulsory measures, witness protection, witness assistance and other issues, which reflects that our legislation on criminal witness has become institutionalized and systematic. While affirming the progress of the current legislation, we also should see that there are large defects in criminal witness system. For example, the provisions of the conditions for the witness to appear in court too general, the rules of the witness to resist the card power still are not perfected, the witness economic compensation aspect of habeas corpus and the witness to testify. Our legislation is not clear and refined.Based on this, this paper uses the theory analysis, comparative analysis and comprehensive use of interpretation, induction and other research methods, to conduct a comprehensive analysis to our country criminal witness system. It focuses on two legal typical countries and regions of the witness and witness’ s right of legislative experience and practice of the law, witness protection and witness economic compensation, the beneficial experience with Chinese basic national conditions. On the basis, the author puts forward some suggestions on the perfection of the system of criminal witness in court in our country, according to the existing problems of the system of criminal witness appearing in court in our country. It gives some suggestions based on the witness rights and obligations of the rationality of the configuration, and also learning from foreign experience. On one hand, we should strictly implement the rules of procedure for the witness to testify in court. On the other hand, we should improve the system of the compulsory exemption system, the witness protection system and the related measures, and also to further compensate the legislative provisions of the witness.