A Study Of Witnesses In The Context Of The Substantive Background Of Criminal Proceeding

In order to meet the requirements of the substantive reform of the criminal procedure trial,the form of witness testimony must be transformed from a written testimony to a court testimony.Since 2015,various policies and techniques have been used to solve the problems of witness appearing in court in many provinces and cities in China.From the substantive reform of the trial to the implementation of the trial system for more than two years,there are still two problems in the system of witness testifying in practice:first,the phenomenon of relying on the written testimony to hear the case is still serious;The second is that the court does not agree that the defense witnesses appear in court,and the defense witnesses who testify in court are obviously less than the prosecution witnesses.Aiming at the existing problems in the trial reform,it is suggested that the principle of direct speech should be established from the legislation,the judge must personally participate in the trial in accordance with the principle of direct speech,and the judge must personally participate in the process of evidence collection.Secondly,witnesses must testify in the form of words,only in this way can their testimony can be used as evidence.In addition,it is suggested that we should standardize the judge's behavior when dealing with the application for a defense witness to appear in court,and specific the rule that the witness shall appear in court when the judge deemed it necessary.The circumstances that must allow the witness to appear in court are fixed,limiting the discretion of the judge in the application of the defense witness.