The Study On The Legal System Of Hearing Witness Before Court

The law,historically,had been considered as the most significant treasure of the society.Seemingly, the criminal procedure law could be deemed as the central of such treasure which could realize the justice and protect the fundamental rights.The value of law realize its function through the concrete forms of rules. The core of criminal procedure is to prove truth which decide the judgment of the judge and the justice of the decision.the Legal System of Hearing Witness Before Court is a key part of the procedure, which embodies the unity of subjective and objective. The system is to reduce the subjectivity of the testimony of the witness, and to ensure that the judge can obtain the objective information.With the improvement of the level of legislation, the system become more and more systematic. The system includes: the scope of the subject, the compulsory rules, the protection measure of the witness appearing in court, the right to refuse, remedy and justification. From the subject, object(social value), the right protection, the negative right remedies and the procedural requirements, the system has its own unique system, at the same time, it also reflects the game between social values and the fighting against crime. Therefore, the system played a crucial rule to solve the conflicts between the varies values in the criminal procedure.This thesis begin with the discus of the conception of the witness in criminal procedure. and further explore the function of the criminal witness appear in court extended to the outside of the system design. Through the comparative study of some different legal system of the globe, we can further analyze and explore the relevant legislation to improve the system of China. Based on the actual problems of the system of Hearing Witness Before Court, this thesis indicate some suggestions to perfect the system of China.