An Empirical Study On The Problem Of The Witness Of The New Criminal Procedure Law

In order to improve the rate of witnesses to testify in court, protect defendants rights, improve the essence of the trial level, in 2012 the "Criminal Procedure Law" of the witness to appear in court to testify system upgrading. Based on the judicial practice, the legislative purpose of the witness system has not been implemented? And what degree of realization? Therefore, it has great theoretical and practical significance to study the problem of witness appearing in court as a witness in the new criminal procedure law. In this paper, the research methods of empirical research and comparative research, first before and after modification of the new criminal procedure law witnesses specification changes that regulate both similarities and differences; followed by the new criminal procedure law witnesses to testify the actual state and causes of perspective, existing problems and analyze the reasons.Finally in the first two studies based on proposed corresponding suggestions. In addition to the introduction, this paper is divided into the following three parts:The first part compared before and after modification about witness to testify specification in the criminal procedure law 2012 from the perspective of the specification. Firstly, after comparing the before and after modification about witness to testify specification, the writer find that the criminal procedure law perfects the evidence confirmation regulations, to connect the evidence confirmation regulations with the key witnesses to testify in Articled 187 of the criminal procedure law in 2012;In order to insure that the rights of the accused in criminal proceedings has been realized, the criminal procedure law 2012 is explicitly stipulated the case scope of Witness to testify in Article 187. In order to play the advantages of the witness testimony as evidence rhetoric, to avoid hearing through the motions, the law added the sanctions regime on forcing the witness to appear in court and the witness refused to testify. In order to solve the trouble back at home of witness to testify, the law added the protection of witnesses and their near relatives and witnesses' subsidies.In the second part, the writer analyzed the actual state of the witness to testify and the causes under the new criminal procedure law in 2012. Through the questionnaire and individual interview of the judge, the writer analyzed the actual state of the witness to testify and the causes under the new criminal procedure law in2012. the writer noticed that the witness to testify in our country didn't get afundamental improvement. And there is a certain degree of defects in the new regulations. First of all, from the minor attitude toward witness to testify, they are negative. In order to achieve the performance appraisal standard, some judicial staff undue emphasis the work efficiency and do not want the witness to appear in court.Secondly, although the "Criminal Procedure Law" in 2012 has strong the protection of witnesses, but the fuzzy protection scope and unknown protection body lead to pass the buck easily. Thirdly, the scope, standard and the procedure of witness' s subsidies are lack of operability of the detailed rules for the implementation in the legislation,so that witnesses subsidy system cannot effectively implement in the judicial practice.Finally, because there is a conflict between some provisions of the criminal procedure law and judicial interpretation in our country, which lead to the entity sanctions in China cannot play a role. All these hinder the witness to testify in the judicial practice. To solve the problem of the witness to testify is still a long way.The third part is the improvement of criminal litigation system of witnesses to testify. In order to ensure the effective implementation and carry out the system of witness to testify in the "Criminal Procedure Law" in 2012. Combining with the previous analysis path, the author put forward from the following several aspects to our country criminal prosecution witnesses to testify system perfect recommendations:First, the existing performance appraisal mechanism determines the judicial personnel college alumni, promotion, salary, etc. it not only requires the public security organs in case of fairness and justice, solve crimes quickly, but the people's procuratorate, the court are required to end the case quickly. It Is standard of performance appraisal with heavy security administration color. Such examination system makes the judicial authorities are reluctant to witness to testify. Therefore, the author first suggested reform of the existing performance evaluation mechanism. Second, because of some judges not strictly grasp the witness to appear in court to testify the "necessity" conditions has the defense according to "Criminal Procedure Law" Article 187 first apply witnesses appear in the lack of effective protection. Therefore, it's important to improving the conditions of the witnesses to appear in court to testify, restricting the judge's discretion. Third, because our country witness does not appear in court to testify the punitive measures are not perfect, the proposal through the revision of the "Criminal Procedure Law" or the judicial interpretation improve the appearing in court to testify the punishment measures. Fourth, because China's "Criminal Procedure Law" in the protection measures are not perfect. Therefore, we shouldfurther improve the security, financial security, social security and rights protection and other aspects of the security measures.