A Study On The System Of Witness Appearing In Court From The Perspective Of Judgment

To analyze the problem of the witness appearing in court from the perspective of judicial centralism,we should dialectical analyze the relationship between these two party.Trial substantive,the implementation of the principle of direct words,the defending of defendant's right,these three levels are required to testify in court by witnesses.This paper expounds the obstacles faced by the system of witness appearing in court in our country.First,the trial mode of our ingrained “files record center”.A judge give over reliance on the files record during the trial process,so give prior evidence ability to files record.This kind of trial mode and the investigation center are inseparable,and the investigation organ directly guides the process of court trial.The standard of evidence review of investigation and public prosecution is equivalent to the court.The investigation procedure leads to the result of judgment.Second,the principle of direct Speech can not be truly implemented.The most important principle of direct speech is that the witness is required to make a statement to the court orally.If the witness does not appear in court to influence the course of the trial,the court has the right to compel the witness to appear in court.However,there are loopholes in the law,that is to say,the effect of the written testimony is recognized,which is contrary to the principle of direct speech in the form of written testimony instead of oral statement.Third,the lack of protection of the rights and interests of witnesses,greatly reducing the enthusiasm of the witness appearing in court.Fourth,the evidence is not perfect,the judge's leading mode has not been improved.This paper introduces the legislation and judicial practice of the system of witness appearing in court in two legal systems,so as to provide reference for the construction and perfection of the system in our country.On the basis of the using for reference proposed feasibility countermeasures for witness testifying system,mainly including: the essence of the trial,strengthen the witness protection,the establishment of direct words principle,improve the witness testify measure and the construction of cross examination system from these five aspects.