Criminal Witnesses Appear In Court To Testify The Report

Whether from the protection of human rights or from the point of view of the punishment of crime,the criminal case in the witness testimony on the people's court conviction and sentencing has an irreplaceable role.The trial judge of a criminal case is not a direct witness to the case.The trial process of the case mainly relies on the confession of the suspect and the testimony of the witness to restore the facts of the case,and then according to "the basis of the facts,the law as the yardstick" principal to conduct an accurate conviction and sentencing.Accordingly,the role of criminal witnesses in court to testify is self-evident.However,in the judicial practice to allow criminal witnesses to testify in court has been plagued by judicial practitioners problems,even if the court testimony,there are obstacles to the judge difficult to restore the facts of the case,accurate conviction and sentencing,which is not conducive to punishing crime and security suspects of human rights.For this reason,China's 2013 amendments to the Criminal Procedure Law of the People's Republic of China on the witnesses to testify to make new provisions,compared to the previous provisions have made great progress,mainly related to witness the scope of witnesses,witness protection and coercive measures,economic security etc..As a new breakthrough,there are still some shortcomings after three years of practice.This paper based on the data collating and analyzing the situation of the witnesses in Guiyang Intermediate People's Court from 2010 to 2015,based on the existing laws,explores the changes of the witnesses' appearance rate in the criminal case trial before and after the implementation of the Criminal Procedure Law,analyzes the causes and puts forward some suggestions on the perfection of the system of criminal witness testimony.In addition to the introduction and conclusion,the text consists of four parts:The first part: the basic situation of Guiyang Intermediate People 's Court criminal witnesses to testify.In this chapter,the author first states the reasons why I choose Guiyang City Intermediate People's Court as a research point,for example Guiyang is located in the important southwest region but is ignored by the public;and the choice of intermediate people's court is due to it has,For the case of significant influence,we need strong evidence to jurisdiction over major cases.For the case of significant influence,we need more powerfulevidence to substantiate the facts of the case.Secondly the author describe the research and research methods briefly.The second part: Collating and analyzing the investigation data of criminal witnesses in Guiyang Intermediate People 's Court.According to the Guiyang City Intermediate People 's Court the appearance of criminal witnesses in the investigation in 2010 to 2015,the author finishes and analyzes the relevant data to be supported,to lay the foundation for elaborating the problems and causes of the existence of criminal witnesses in court and to provide realistic basis for improving the measures of witnesses in court to testify.The third part: the problems and causes of the criminal witnesses in Guiyang Intermediate People 's Court.The author summarizes the problems of the existence of criminal witnesses through the statistics of the data,the interviews of the civil servants of the court and the case of collecting the court and analyzes the changes in the provisions of the system of criminal witnesses before and after the amendment of the amendments to the Criminal Procedure Law of the People's Republic of China and analyzes the reasons for the existence of criminal witnesses in judicial practice.The fourth part:make recommendations for criminalwitnesses to testify in Guiyang Intermediate People 's Court.On the basis of analyzing the research data,this paper analyzes the problems and reasons of the existence of criminal witnesses in Guiyang.The author puts forward the corresponding measures to improve the criminal witnesses`,mainly including the scope of witness testimony,the criminal compensation system of criminal witnesses at night,the proposed criminal witness protection mechanism,the optimization of the construction of civil servants in Guiyang district court and the improvement of citizens' legal consciousness.