Research On The System Of Witness Protection In Criminal Suit In Our Countey

There is no litigation without witness.As one of the legal evidence in criminal suit,witness testimony plays a significant role.it plays an indispensable role in collecting relevant evidence,ascertaining the facts of the case,convicting and sentencing accurately and so on.However,in our criminal justice practice,the problem of law rate of witness appearing in court affect the role of this evidence,limit the prosecution and defense of the right of cross examination.The formality of legal procedure affect the realization of fairness and justice and construction of proceedings.The problem has much to do with neglecting of witness protection.In actuality,the witness was anxiety by the injured witness who has been appeared on the court one after another.therefore,it is urgent to perfect the witness protection system and implement witness protection measures.It can be found that witness protection is an issue that cannot be ignored though investigating the advanced system of two legal systems abroad.whether the special legislation or the special witness protection agency,they all have developed witness protection program that suits its existing conditions and has its national spirit and all have achieved good results.But our existing criminal litigation procedures,after several modifications,although have achieved good results,still existing many deficiency,it mainly includes less protection object,division of responsibility of protection agency,single and principled measures,short of a complete protection program and so on.Academic research attach great importance on witness protection,but most of them start from macroscopic perspective,such as protection object,the scope of protection,protection agency,protection procedures and so on,and few of them start from micro perspective to argue how to perfect witness protection.Therefore,this text is divided into four parts to argue how to perfect witness protection,the first part of article define the witness protection,and then discuss the four theoretical sources,such as human nature,social contract,balanced rights and obligations,human rights protection.And then it combines the procedural justice,substantive justice,optimize judicial resources,conform to the international trend with the existing conditions to concluded that perfect the witness protection is urgent matter.the second part of article introduced the witness protection of common law system countries,civil law system countries and mixed jurisdictions countries and reflect on them at the end.The third part of article describe the existing legislation and judicial,and analyze the problem of them,such as decentralized legislation,narrow protection object,obscure protection agency,single measures,unreasonable procedures,and short of legal responsibility tracing system.The fourth part of article offer some proposal,such as the principle of witness protection,the legal mode of protection,the perfection of protection element and protection procedures,and the protection of special witness.