Research On The Guarantee System Of Criminal Witness Appearing In Court InChina

The testimony of witnesses to occupy a very important position in the criminal trial, after witnesses and evidence. The testimony of witnesses to identify the facts of the case, to restore the truth of the case, but the witness testimony is subjective to objective existence and subjective cognition reflected, affected by the witness is large, so for the accuracy of witness testimony is very important to grasp. The testimony of witnesses, including transcripts and exist in the form of testimony of witnesses, the legal system is the product of authority and mining mining adversary fusion, to review the record of testimony is a form of censorship, and witnesses, the witness testimony from both of the accused and the defendant in the trial, and ultimately the formation of legal facts this is, the substantive examination of witnesses. The witness can not only protect the rights of the accused, but also can ensure the validity of the trial. The witness is a very important part of the trial procedure, has irreplaceable value. After cross examination in the trial process, enhance the reliability of testimony, not only to protect the defendant's right to defense, procedural justice, but also ensure the effectiveness of the trial, to achieve substantive justice. However, the low rate of witness appearing in court is a difficult to cure in the criminal judicial practice of our country. In 2013 the new criminal procedure law on witness testimony correlation method made a major revision and perfection, but since the implementation of the act, witness does not increase, indicating that the witness protection system is still not perfect, there are many places need to be improved. Compared with the protection system of criminal witness appearing in court, the related system of our country still has some defects. Our trial mode has long been file review, this is the direction of reform "draw further apart file centralism" and "trial centered" litigation system, and let the witness witness to ask the judge to accept the trial, which is consistent with the "trial centered" reform will the rule of law, to step forward, conducive to improving the legal environment, to enhance the trust of the people of the law. Therefore, it has important practical significance for the study of the security system of witness appearing in court in the new criminal procedure law.