An Empirical Research On Criminal Witness Presenting At Court

The criminal witness does not appear in court to testify has become a major challenge in China's criminal justice.In the judicial practice,witness presence often be replaced by reading the written testimony.With amendment to the Criminal Procedure Law in 2012,detailing the specific rules and content.From the theoretical research and practice feedback,there was certain effect.However,the were some problem,such as the low rate of the witnesses' courting-appearing,limited case influence by court testimony,and undound supporting measures.The Forth Plenary Session of the Eighteenth CPC Central Committee put forward the litigation reform centering on court trials,and demand carrying out rule of evidence,perfecting witness and appraiser system.Some pilot courts made a regulation and moved forward the reform.This article was established in case analysis and field research,and strived to reveal the legal effect of witness presence in China's judicial practice,and inspect the running state of witness presence system.Then,find problems and analysis cause,to put forward the idea and system construction to intensify witness presence and make criminal trials substantive.In addition to the introduction and conclusion,the thesis is divided into four chapters:The first chapter is analysis the legal effect of witness presence in judicial practice.The writer exposed 405 cases from pkulaw.cnto and attended court trial of 4 cases.On the one hand,There were some problems in the procedure of the witness' s testifying,such as the low rate of the witnesses' courting-appearing,and lacking operation of investigate necessity.On the other hand,there were value and significance in the the substantial of witness' s testifying,such as investigating case facts thoroughly,guaranteeing the constitutional rights of defendants,and making criminal trials substantive.Whether the court testimony can affect the judgment is decided by court's adoption and consider.These analysis are important basis of subsequent discuss.The second chapter is statistics about questionnaire and interview.The writer fully inspects the running state of of witness presence system through interview and questionnaire survey to judge and procurator,and unscramble regulation.In the judicial practice,the formula mode of witness presence' rate exits mistake;operational bodies lack willingness and positivity;there are some problems need to improve in the supporting system of witness presence.The witness presence regulation of pilot courts has a certain guiding function to judicial practice,and make the operation more normalized.There are also some problems in the carrying out,such as improper execution.The third chapter explore practice by analysing the first 2 chapters,we can see that there are still many problems which are not only putting systems into running,but also the limited room for the effect of taking the stand.if we thought it deeply,we may find that his is because judges and prosecutors won't usually depend too much on taking the stand,in such a period of focusing on investigation schema.Besides judes and prosecutors do be more reluctant to put much judical source into the probable and instable factors which may influence taking the stand,due to the fact pressure of too many cases while several persons.Whilein CHINA,for one thing the schema of the admissibility of evidence makes the value of witness appearing in court so little,for another the schema of evidence opening and criterion setting for appearing in courts' unclear situation can limit the fact influence to cases.This fourth chapter starts with researching status quo of witnesses' appearance in criminal court and gives an analysis of why it's that difficult.The writer deliverd a kind of structure“BALANCE BEAM”,which is based on questions analysed and reasons thought.In order to promote to and strengthen witnesses appearing in courts and make the trial more substantial,the writer imagine a structure that can make it cases cognizance needs and justice resource trend to be balanced.Firstly,reduce the needs of witnesses appearing in courts,with a mature shunting machenism sifting cumbersome cases into simple ones,which are needed witnesses appearing and testifying.then,strengthen the defenses persuasiveness and ensure work quality before a session,and promote the effective of witnesses applying for appearing in courts.Above several precedures mean to balance the needs of qualities and quantities.what's more,mobilize enthusiasm of running;clarify and detail the standard of believing witnesses assurance narration or words in court investigation;look for the way to replace witnesses appearing in courts;keep a normative mechanism and make a series of supportive messures to thoroughly essure it witnesses appearing in courts well.