On The System Of Criminal Witness Appearing In Court In China

Trial centered lawsuit system reform required must be "to ensure that the investigation and prosecution of the case facts stand the test of legal evidence.To fully implement the referee rules of evidence,strictly in accordance with the law,evidence collection,fixed,preservation,review,use,improve the system of the witnesses and expert witnesses to appear in court,ensure the trial on,ruled that the evidence,finding out facts play a decisive role in protection of litigation,impartial judgment".The modern criminal procedure law requires judges to directly face evidence,contact evidence,investigate and adopt evidence in person.At this request,the witness must testify in court.However,in the course of judicial practice in our country,the witness testified before the trial has been a serious problem that has limited the substance of the trial.Based on this,this article makes the significance of the criminal prosecution in China.Among them,the actual significance of the witness testifying and the shortcomings of our present court testimony system are the original intention and the main points of the study.On this basis from three aspects: system,concepts,law enforcement,discusses the causes of the defects exist,and cited the five typical cases shall be further,this is a paper discusses key;In the objective analysis of the causes,draw lessons from foreign advanced experience of practice,on the basis of trying to creative put forward the perfect measures of the system: the perfect witness to appear in court security mechanism,eliminate a special situation and increase the intensity of punishment,thus tries to change the current our country criminal witness refused to testify realistic predicament,further promote the development and improvement of the system of criminal witness to testify.