On Research Of Criminal Witness Compulsorily Appearing In Court With The Trial Centered

The Resolution of the Fourth Plenary Session of the Eighteenth CPCC Central Committee put forward to promote "trial centered" lawsuit system reform,which play a role of the essence of the trial in the criminal procedure.The main role in the trial will be to rule the evidence,but the low rate of the witnesses to appear in court in criminal justice system is always an important problem in our country.In addition to our citizens' traditional lawsuit of hating and quitting suit,the main reason for the low rate of witnesses in criminal trial is the function convergence forming in the criminal lawsuit by the judiciary authorities,including the public security organ,the prosecution and the court.The 2012's Modification of the Criminal Procedure Law added the system forcing the witnesses to appear in court to testify,but which has not been effectively used in practice.It's mainly because in the field of criminal justice has not been forming a "trial centered" concept and lack of theoretical basis of witnesses forced to testify in court,lead to the current system is hard to implement in the judicial practice,there're a lot of problems.In this paper,by analyzing the problem of the witnesses system of forced to appear in court in our country in practice and explore the outside systems,then concluded that to perfect the system of witnesses forced to testify in court need to change the inherent concept,clear the scope of the witnesses and legal consequences,strengthen the protection measures of witnesses.The first part of the paper start with the background and the status of the criminal witnesses compulsorily appear in court in the trial centered.First,clear the background and the reform direction of trial center.The criminal judicial practice in our country lacks judgment centralism idea,the essence of which is the absence of court hearing function in criminal judicial procedure.Therefore,there's no doubt to promote the reform of the criminal lawsuit system of trial.Second,further expounds the forming foundation and significance of the criminal witnesses forced to testify in court.Finally,put forward the status of criminal witnesses to appear in court compulsory in China under the trial centered.In the second part,the paper analysis the existing problems of criminal witnesses to appear in court under the trial centered in our country and then raise the operational problems in the practice.Mainly from the following several aspects: the principle of legislation is not clear which leads to contradictions,the region of witnesses forced to testify in court is narrow,the lack of legal consequences if the witnesses refuse to court,and the imperfect of the protection and compensation systems for witnesses.In the third part,the paper comparing the differences in theories and legislations of countries and regions between the Anglo-American law system and the Continental law system,and then comment and put forward the judicial demand and practical experience can be referenced of improving the system of criminal witnesses to appear in court compulsory under the trial centered in our country.In the fourth part,the paper based on the above analysis,proposed the author's advices of perfecting our country's system of criminal witnesses forced to appear in court under the trialcentered.First of all,set up the concept of trial centerlism through the criminal process.Secondly,clear the direct speech principle and establish the hearsay evidence rules,carry out the concept of trial centered to protect the defendant right of confrontation and a fair trial.Again,establish the scope of criminal witnesses forced to court in our country.Which means the witnesses shall be appearing in court to testify and in the meantime restrict the judicial power.Then,improve the judicial enforcement measures and procedures for the witnesses refuse to testify in court.This is mainly consider the feasibility of this system in judicial practice.Finally,improve the systems of protection and the economic compensation for witnesses who appear,which will minimize the fear of trouble in the rear of the witnesses,even encourage them testify initially.