The Constraction Of Witness Protection Procedure In Criminal Proceedings

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China "Decision on Several Important Issues in Promoting the Rule by Law" Put forward "to promote the trial as the center of the litigation system reform".But at present,the low rate of witnesses in criminal action,One reason is that the witness protection lack of procedural safeguards.This thesis as the research object to discuss the problem.In order to promote the reform of trial centered lawsuit system make recommendations.The thesis is divided into four parts:The first part mainly discusses the necessity of improve the witness protection program.Firstly,this thesis defined the witness protection program"In criminal proceedings,in order to protect the witness's personal property security,fame and mental health are not violated.the legal relationship of the main body in the witness protection application,examination and approval,execution of acceptance and litigation activities,and the rights and duties in the relationship between each other".Analyzed our country's legislation in the witness protection program existence of provision of simple,lack of operability,the legal subject rights and obligations are not clear and other issues.Secondly,it discusses the necessity of perfect witness protection procedure to promote the witness to appear and implement the "trial-centric" reform.The second part discusses the application of the witness protection.Firstly,the application condition of witness protection.Discusses the object of witness protection in addition to the existing provisions shall include the other person having an interest,the victim,expert witnesses,The seven of "necessary to protect" the specific reason.Second,this paper expounds the main body includes four categories shall have the right to apply for the witness protection:The witness,close relatives,have interests in other people,the victim and their agents,the investigation organ and the court;Finally,the application of witness protection time and way.The third part discusses the witness protection acceptance and approval process.Firstly,this paper discusses the "the public security organ is given priority to,people's procuratorate,the courts,the national security and military security departments as the auxiliary" principles to determine the acceptance and examination and approval authority.Secondly,has been clear about the acceptance and approval of the form and the deadline.General case preliminary investigation period for seven days,complex can extend 1-7 working days,end of the survey to complete the work of examination and approval and reply within three working days after the applicant;Major criminal case should take protective measures to process application.Thirdly,for examination and approval of applications will not be accepted and may be applied for by check,apply for reconsideration,apply for checking and supervision and relief.The fourth part discusses the execution of the witness protection program.Firstly,the public safety agency as executive organs.Secondly,set the protection period according to the type of case,the general case protection period is 5 years or less;Major cases protection period for 5-20 years;Recidivism,violent sexual crimes,crimes against national security,terrorist activities and other cases are lifelong protection.