Study Of Compulsory Testifying Of Witness In Court

The rate of attendance of witness is not high,which has been one of the most serious problems in criminal procedure in the world.Due to the short history of the rule of law in our country and the inadequate protection of witnesses in the criminal proceedings,it has been particularly prominent problem in China's criminal procedure.Witnesses not appearing in the court led to the proliferating written witness testimony,cracking down the enthusiasm of the witness to testify in court and damaging the defendant's litigation rights.Although the latest revision of China's 2012 "Criminal Procedural Law" has made provision of the criminal witness attendance system,and finally established Compulsory Testifying of Witness in Court,the system does not change the status of witness in the judicial practice in our country.Therefore,based on theoretical analysis of the relevant provisions of the witness to testify in China's "Criminal Procedural Law" and combined with the specific problems existing in the judicial practice,this thesis put forward constructive suggestions on the compulsory testifying of witness in court in the criminal procedure.It is hoped that this thesis can provide a useful reference for solving the problem of the low rate of witness appearing in court in criminal procedure.This thesis is divided into four parts.The first part is an overview of Compulsory Testifying of Witness in Court.The theoretical analysis is carried out from three aspects: definition,necessity and value.The second part mainly reviewed compulsory testifying of witness in court in two important legal systems: Anglo-American Legal System and Continental Lagal System.With comparative analysis,it discussed the Compulsory Testifying of Witness in Court in the two legal system.The third part stated the problems existing in the legislation and judicial practice of compulsory testifying of witness in court in China.In the fourth part,the author put forward some suggestions for the improvement of the criminal witness appearing in court.In this part,the author proposed to strengthen the witness consciousness,to establish the principle of directness,to strengthen the function of forcing the witness to testify in court,to improve the provisions of the exception subject of compulsory witness appearing in court,to increase the way of punishment of witness refusing testifying in court,and to improve the auxiliary protection mechanism of criminal witness testifying.