Study On The System Of The Witness Protection In Criminal Proceedings Of China

The role of the witness in the criminal proceedings as a participant in the proceedings plays a key role in the criminal case.Witnesses' testimony often concerns whether criminals can be brought to justice.However,in the judicial practice,the phenomenon of witnesses being infringed frequently occurs.The witnesses do not seek to return for justice and the result is personal and property damage.This has a great impact on witnesses who testify in court.Therefore,China urgently needs to establish a system of criminal witness protection system that suits Chinese national conditions.Although the new 'Criminal Procedure Law' implemented in 2013 has improved the witness testimony system,there are still too many deficiencies in the criminal witness protection system.This article is based on the actual situation in China and draws on advanced foreign witness protection systems.The legislative concept put forward a perfect concept for the insufficiency of the witness protection system in China.This article explores the system of witness protection in our criminal proceedings from the following four sections:The first part is the interpretation of witness protection system.This part begins with the connotation of the witness protection system,explains the protection of witnesses,and briefly introduces the contents of the witness protection system.Then it expounds the theoretical basis of the witness protection system,including human rights protection,procedural justice,direct verbal principles,and evidence referencing principles.Finally,it discusses the value of witness protection system in criminal proceedings and reflects the necessity of witness protection system.The second part is the present situation and deficiencies of the witness protection system in our country.This part starts from the two aspects of the status quo of legislation and judicial practice of protection in China.After sorting out the relevant articles on the protection of witnesses,it not only reveals the lack of witness protection in the judicial practice in China,but also describes the situation across the country.The exploration of this system in practice finally summed up many problems in the development of Chinese witness protection system and analyzed the causes of these problems.The third part is the extraterritorial witness protection system.Through the arrangement of the witness protection system in the United States,Britain,Germany,and China Taiwan,the advanced content of the witness protection system outside the domain is explored,and the enlightenment for the development of the witness protection system in China's mainland is summarized.The fourth part is the suggestion for the perfection of witness protection system in our country.This part is based on the problems and inadequacies of Chinese witness protection system as mentioned above,and the creative ideas that this system puts forward under the current national conditions in China.It mainly includes three aspects:broadening the content of the witness protection system in criminal lawsuits,perfecting the protection measures for witnesses in criminal proceedings,and clarifying the responsibilities and procedures of the organization of criminal witness protection.In these three aspects,the author proceeded from reality and combined with Chinese specific national conditions,creatively proposed the development direction and some specific plans for the improvement of Chinese witness protection system,hoping to have a positive impact on the development of Chinese witness protection system.