| Witness testimony as legal evidence, identifying the key facts of the case, but also all types of litigation the most widely used form of evidence, looking at the legal world, we found that most countries have regulations witnesses must testify, after the testimony of witnesses to testify in order to become effective facie case. However, our judicial practice criminal witness to testify rate, the accused can not be confronted with the witnesses against him, false testimony would not be in the trial by the prosecution and the defense asked the two sides to be found, which may lead to a judge off the wagon, and finally make the wrong decision affect the credibility of justice to the detriment of justice. Protection of human rights principles and objectives of justice require us to improve the attendance of witnesses for the rate, witnesses testify in fulfilling civic duty to help the court to establish the truth, but now, the safety of our witnesses are often threatened by criminal, witness protection is directly related to the vital interests of the witness, establish and improve the witness protection system, will help guide the witness to appear voluntarily. When the witness before the court, do not worry about the time after appearance, certificate talent dare to testify, to solve the difficult problem of the appearance of witnesses from the fundamental, improve the attendance of witnesses in criminal proceedings rates. As the author relatively thin theoretical knowledge, practical experience is also inadequate, this paper, I refer to a number of relatively complete legal system of the country outside of the useful experience, learn some relatively mature academic point of view, combined with China's national conditions were studied. This article consists of four parts:The first part:It focuses on the situation of China's Criminal Procedure attendance of witnesses, through analyzing the witness to testify in the case of criminal proceedings and the need for the attendance of witnesses in criminal proceedings of the case, the current court system, etc., summed up China's current low attendance of witnesses in criminal proceedings reasons.The second part:Brief analysis describes common law (mainly the United States, the United Kingdom) and civil law (mainly Germany, France), the Code of Criminal Procedure of the criminal Witness System, at present, very few countries in the world judicial practice in criminal witness Active testify, countries are trying to build a more comprehensive system of attendance of witnesses, evidence and practice outside institutional reforms are also maturing, by drawing on the useful experience of the national Criminal witness System to construct a set of witness protection in line with China's national conditions system:Difficult cases to establish key witnesses in court system; guarantee the right to refuse to permit witnesses to appear in court and the establishment of an exception system; improve enforcement system and penalties of perjury in court systems; refine the appearance of witnesses in criminal proceedings economic compensation way, way; establish and improve the criminal witness protection system.The third part:Summarizes the common law countries (US, UK), civil law countries (Germany) and other countries of witness protection system and the United Nations General Assembly on the witness protection provisions, introduced the general situation of China's Criminal Procedure witness protection system.The fourth part:A brief introduction to the security situation in China after the attendance of witnesses in criminal proceedings, a brief analysis of the Chinese witness protection system defects. And by drawing on outside experience, the perfect criminal witness protection system in China has made some suggestions. |
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