The Witness Protection System In Taiwan And Its Enlightenment In China

Witness testimony has an irreplaceable role in the investigation of criminal cases and the promotion of judicial justice.But in practice,many witnesses are afraid to testify in court for fear of being threatened.To solve this problem fundamentally,it is necessary to strengthen the protection of witnesses,so as to eliminate the suspicion of witnesses and improve the attendance rate of witnesses.However,at the present stage,the relevant provisions of witness protection system in China are more general,such as too narrow for the scope of protection of criminal witnesses,and vague rules for the protection of witnesses.The regulations on witness protection in Taiwan are relatively perfect.Especially "witness protection law" passed in 2000 to the scope of witness protection,protection institutions in such aspects as enforcement agencies and made detailed provisions,for the improvement of the system of witness protection,is be used for reference.In interpretation and introduced in this paper the witness protection system in Taiwan,on the basis of the relevant provisions of the witness protection system of the mainland,by comparing the methods,sums up the relevant provisions of the mainland area witness protection problems,and puts forward some relevant Suggestions to perfect the mainland the witness protection system.This paper explores the witness protection system in Taiwan from the following four parts:The first part introduces the legislation of witness protection system in Taiwan.This paper mainly introduces the legislation of witness protection system in Taiwan and the current law on witness protection system.Legislation cause this part expounds the background of the witness protection system in Taiwan in the legislative process,operation mode,effect and problems.especially in Taiwan to develop the background of "witness protection law" and the reason.In order to encourage witnesses to avoid fear,and to be brave enough to testify in court,the witness should actively establish a system of witness protection to protect the rights and interests of witnesses.The existing legal system of witness protection in Taiwan to outline the relevant provisions of the existing system,including the "criminal procedure law","the witness protection law","adjudicates the rogue regulations" and "organized crime prevention and control regulations".The second part introduces the relevant regulations and specific contents of witness protection system in Taiwan.Focus on the interpretation of "witness protection law" and comb,mainly introduced the method of the witness protection agency and the scope of protection of witnesses,witness protection measures,the witness protection program,execution of witness protection authority in the five aspects of the relevant content.Among them,the scope of the witness protection includes the scope of cases protected by the witness,the scope of the rights of the witness protection and the scope of the object protected by the witness.The procedures for witness protection include the scope of the applicant and the procedure for initiating change of witness protection.The protection measures of the witness are detailed in four aspects: identity confidentiality,personal safety protection,life resettlement and witness exemption system.The executing agency of the witness explained the identity secrecy,personal safety protection and the life placement of the person to execute.The third part analyzes the system of witness protection in mainland China.This paper mainly expounds the relevant provisions of the mainland witness protection system,introduces the relevant contents of witness protection in the criminal procedure law and criminal law.At the same time,it also analyzes the problems existing in mainland witness protection system.Specifically,there are no special witness protection laws in China,and the regulations on witness protection are scattered,which is not conducive to the effective implementation of witness protection.The scope of objects,the scope of rights and the scope of cases are too narrow to be expanded.The start-up,implementation and relief procedures of witness protection are not specified in detail and lack of operability;There is no special witness protection agency;Witness protection measures need to be further improved.The fourth part combines the merits and demerits of the witness protection system in Taiwan,and obtains the enlightenment of witness protection system.This paper mainly discusses the witness protection system in Taiwan and the comparison of witness protection system in mainland China and the reference of witness protection system in Taiwan.The comparison of witness protection system in Taiwan and mainland China summarizes the differences and similarities between them.The difference is that the Taiwan region has enacted special laws to provide comprehensive regulations on the scope,procedures and measures of witness protection.In contrast,the mainland has not enacted special legislation to stipulate witness protection system,and the existing legislation is not specific to witness protection.The similarity is that the witness protection system in Taiwan and mainland China has problems in practice,and the importance of witness protection is not enough in practice.On the other hand,there is no special witness protection agency in Taiwan and mainland China.Witness protection system in Taiwan to mainland this section,from establishing special witness protection laws,expand the scope of the witness protection,build independence,unity,the highly effective witness protection organization,to perfect the specific procedures of witness protection,perfect the relevant supporting measures,improve the witness protection from six aspects,puts forward some Suggestions for the perfection of the witness protection system in mainland.First of all,China should establish special witness protection law,and make unified and specific provisions on certain elements of witness protection,which is the premise of implementing witness protection system.Secondly,the scope of the object,case and right of witness protection should be expanded.Again,should be gradually set up a special witness protection,according to the relevant provisions of the current legislation in our country,the courts have the duty to protect the witness,but the circumstances under which performed by the who did not make clear a regulation.Therefore,an efficient and independent witness protection agency should be established step by step to fully take charge of the task of witness protection.Of course,from the current legislative status of our country,it is not very realistic to build witness protection agency in the short term,so it should be implemented gradually and gradually in combination with its own practice.Fourthly,we should improve the specific procedures for witness protection,including the initiating procedure for witness protection,the procedure for witness protection and the relief and relief procedures for witness protection.Finally,the protection of the witness should be improved.