On The Confusion And Countermeasures Of The Current Criminal Procedure Witness

The witness appearing in court as a witness has been a difficult problem for all countries in the world. Due to the short history of our country’s legal system, the system is not perfect, the idea of the whole society is more than the developed countries, so the problem is particularly prominent in our country.The result is that the rate of the witness is low, the testimony of the witnesses in the trial is in the court, the judicial organs of the judicial organs for the witness to testify in court, and the defendant’s right of action. Although the new "Criminal Procedure Law" revised in 2012 has been implemented, it has been greatly improved, but we can still see the system in the judicial practice and not to a great extent the existing witness to appear in court.Therefore, the author in the analysis of the new "Criminal Procedure Law" on the basis of the relevant provisions of the witnesses in court, and combined with the current judicial practice in the specific problems and put forward to improve our country’s criminal procedure witnesses to testify the system of specific recommendations, in order to solve our country’s judicial face this dilemma to provide a little reference. The content of this paper is a total of four parts.In the first part, the author makes a comment on the current legislative provisions of the legislation on the system of witness appearing in court in China, and focuses on the limitations of the current legislation.The second part analyzes the reasons of the difficulties in the judicial practice; The third part, elaborated the common law and civil law provisions of the state on the part of the criminal witness testifying system, and on this basis, combined with the specific situation in China from the perspective of the overall analysis for the reference of our country The fourth part is the countermeasure research of the substantive rules of the criminal witness’ s appearing in court in our country. In this part, the author puts forward suggestions from two aspects: changing the idea of criminal procedure and improving the legislation. In the transformation of criminal litigation idea, the author puts forward to abandon "dossier" litigation mode current and establishing principle of direct and verbal trial. On the perfection of legislation, the author puts forward to improve the current "Criminal Procedure Law" from the establishment of the system of criminal key witnesses in court, to determine the effect of the non court witness testimony and the three aspects of the immunity. In summary, the author hopes to promote China’s criminal witness.