Research On The System Of Criminal Witness Presence

There are more specific rules going on since Criminal procedure law Amended in 2012. such as forcing witnesses to testify in court, and the witness protection system and so on. The legislative progress is worthy of recognition, but the low rate of criminal witness in court is still not optimistic in China. Due to the lack of the defects of legislation, judicature and the influence of traditional culture and historical background, the enthusiasm and social responsibility of the witnesses to appear in court to testify is reduced, in front of the court there will be a lot of concerns, so most people grasp the thoughts more than the less reluctant to testify to remove unnecessary trouble. This article discusses the witness’ s related concepts and the value of criminal witness to testify in court and puts forward present situations of criminal witness to appear in court in China to explore the deep reasons of low appearance rate. This article draws lessons from foreign witness to testify rules at the same time, through the major countries of two important legal systems of the witnesses to appear in court system, removes its dregs and takes its essence, absorbs excellent foreign experiences and practices actively, combined with the actual situation in our country, make the system suitable to China’s basic national conditions.This paper is divided into five parts: the first part mainly clarifies the relative concepts of criminal witness and to clarify the value of witness to testify, is beneficial to carry out this principle and to strengthen the human rights of the defendant; The second part examines the Anglo-American law system and continental law system related witness to appear in court system, analyzes the foreign system, which can be used for reference to perfect the system of witness in our country. The third part discusses the present situation of criminal witness to appear in court that the court rate is low, and analyzes the reasons from the aspects of legislation, judicature and traditional customs. The fourth part discusses the progress of Criminal procedure law Amended in 2012 and points out the insufficient. The fifth part makes corrections to improve our country criminal witness to appear in court system according to the stated earlier and the lessons from foreign experience.