On The System Of Criminal Witness's Testifying In China

The criminal witness system is a special system of witness testimony. It is also an important system which can improve the witness protection system not only in the legislation, but also can improve the testimony of witnesses in court. From January 1,2013 onwards The implementation of the new "Code of Criminal Procedure" Article 62 of the formal establishment. Although our country has given the legal identity of the criminal witness to conceal the testimony, the judicial practice has repeatedly tried to apply, but by analyzing its legislation and the judicial situation, we can see that the system is in the application of objects and conditions, protection measures and procedures and Related supporting security mechanism and so there are many problems to be solved. In this paper, based on the shortcomings of the system of criminal witnesses' concealed testimony, this paper analyzes the feasibility of foreign advanced system, and puts forward concrete and feasible countermeasures for perfecting the system of concealment of criminal witnesses.There are very advanced regulations and experiences in the legislation and judicial practice of foreign criminal witnesses, and it can see the real effect of the system through the case. After summarizing the analysis, this paper concludes that China's system can be Reference: First, clarify and expand the scope of application, extend the target audience from witnesses to vulnerable witnesses, special witnesses and witnesses who have or may be infringed to ensure that more relevant personnel are protected by the system. Second, the expansion of the applicable conditions, the conditions will be clear for the personal, property, reputation is facing three aspects of danger, change the current personal risk as a single condition. Third, the specific implementation of the main responsibilities, the implementation of the main responsibilities extended to the prosecution, v.,V. And refine its specific implementation measures to prevent the implementation of the main responsibilities of the fuzzy and the implementation of the situation is not in place. Fourth, the establishment of the implementation process, the implementation process in accordance with the order of the establishment of the application process, review the decision process, change the lifting of procedures to protect the implementation of the main procedures in accordance with the procedures. Fifth, the establishment of supporting security mechanism, including the investigation, the judicial personnel of the confidentiality of the responsibility mechanism and the identity of the witness after the rescue mechanism to strengthen the system to implement the effect of other mechanisms.Only in accordance with the above measures to solve the hidden problems of criminal witnesses in China, the future of the system in our country is possible to achieve a sound system,the judiciary in the case of each system have achieved substantive and procedural justice results, Every witness is properly protected through a covert system.