Research On The Problem Of Criminal Witness Appearing In Court Under The Background Of “Trial-centered”

The appearance of criminal witnesses can promote the realization of procedural justice and comply with China's current "judicially-centered" judicial reform.Regrettably,our country's provision for cross-examination of criminal witnesses is arbitrary.This has led to criminal witnesses not appearing in court during many trials.Even if they appear in court,they are in distress and violate the essential requirements of the trial center.China's newly revised "Criminal Procedure Law" does not devote too much about the issue of criminal witnesses.This article attempts to study the system systematically.The article combines the present situation of the judiciary in our country,and focuses on the problems existing in the system.To proposing suggestions for improving the system based on extraterritorial experience.The full text is divided into six parts:The first part begins with the basic theory of criminal witnesses appearing in court,clears the connotation of the criminal witness,and puts forward the question of the criminal witness,eliciting the topic of discussion of the article.The second part introduces the necessity of the criminal witnesses appearing in court.Not only can the witness appear in court to restrain the investigative behavior,but also it can promote the realization of the inspection agency's responsibilities.It can also protect the litigant's cross-examination right and conform to the current wave of reform of the judicial system in China.The third part focuses on the current problems of the presence of criminal witnesses in China.The problems are not only reflected in the legislative defects,such as the imperfection of the previous witnessing process and the lack of uniform witnessing rules.At the same time,the current state of the judiciary is also worrisome,and witnesses have not been valued by the judiciary,the general public,and other parties for their appearance in the court.The fourth part mainly analyzes the causes of witnesses appearing in court.Sources that can be found are the result of many reasons.For example,there are few regulations concerning the appearance of criminal witnesses in legislation,legal norms can not reflect the procedural value of witnesses,and the general public lacks legal awareness.The fifth part focuses on the regulation of criminal witnesses in court by perfecting legislation.Specifically define the criminal witness' s litigation status,rights and obligations,establish the subject of the application for the criminal witness to appear in court,and define the contents of the court witness,etc.The sixth part innovates the existing system of criminal witnesses in China,expanding the witness body through the system of public witnesses and full-time witnesses,and promotes criminal witnesses to appear in court from the aspect of economy and personal safety protection to earnestly perform witness duties.