The Research Of Our Country Criminal Litigation Hidden Testify System

In criminal lawsuit activity,witness to testify to the improvement of the efficiency of lawsuit and progress of the lawsuit,it is of great significance to determine the case facts,the key to safeguard social fairness and justice.But in a large number of criminal litigation in our country,especially in duty crime,gang-related cases and organized crime,witnesses to appear in court rate is low,the serious influence to reform and perfect the trial system in China.The witness is not willing to testify,which can not be ignored is one reason why the witness worry about their personal and property security is threatened.In the criminal procedure law of PRC for witnesses to testify the safeguard measures of the related regulations,but only stay on the principled regulations,does not clear the specific protective measures.Will be the witness protection system for the construction of the hidden testify system in the new exploration,this paper introduced the system of hidden testify system construction,this paper based on the in-depth discussion of the theory of hidden testify system,analyses the necessity and feasibility of construction to perfect the system of hidden testify,and in the hidden testify system construction ideas presented in this paper.This paper mainly divided into four parts:The first part,the hidden testify system overview.In this section on the connotation of the hidden testify a systemic summary,in-depth study and discuss the three major characteristics of the system of hidden testify the way of secrecy,means of technological,protection of preventive and initiative,looking for hidden testify system construction of the legal basis,to lay a theoretical foundation for the construction of the hidden testify system.The second part,the typical state hidden testify system outside of the analysis and summary.The typical state about the hidden testify system outside of legislation is comparatively perfect,protect a wide range,concealed division of witness protection agency is very specific,flexible and protection measures,through the analysis of the hidden testify system in these countries,learn to draw lessons from the experiences and lessons,in order to promote the construction and improvement of the hidden testify system in China.The third part,the present status of hidden testify system in criminal proceedings in our country.At present in our country,the applicable scope of the hidden testify system applicable object is not comprehensive,judicial organs,the method of the witness protection consciousness,and stipulation too principle,lack of procedural rules,the witness protection agency duty is not unified,these are the hidden testify system in reality facing difficulties.The fourth part,on the basis of based on China's national conditions,combining the above of the hidden testify system construction experience of typical countries outside of our analysis,as well as to the current analysis of the hidden testify system in our country are facing difficulties of hidden testify system construction in our country,which provides the theoretical foundation and perfect.First of all,by perfecting the criminal litigation system of hidden testify program set up,perfect the procedure of hidden testify startup,cancellation and relief procedures;Second,consummates our country criminal prosecution the application of the hidden testify system,to the applicable objects and the suitable conditions for clear rules;Finally,the safeguard measures of constructing the hidden testify system,such as improve the system of secrecy and accountability for leak witness protection,establishing specialized institutions,establishing the witness identity leakage after the remedial mechanism,establishing the risk reporting mechanism,guarantee the witness 'right of economic compensation.In order to promote the construction and perfection of the hidden testify system in China to make its contribution.