Research On Criminal Witness System In Republic Of China

During the period of the Republic of China,the criminal witness legislation reflected the highest level of legislation at the time when the criminal witness system was established.The reform of the criminal litigation system during the period of the Republic of China was established through the early Qing Dynasty and the early Republican period.The two codes were paralleled during the Northern and Southern opposition period until the large-scale revision after the Northern Expedition and the further improvement in the middle period.Although the time of the Republic of China was short,it was an important period for the gradual formation and improvement of China ' s modern legal system.With the introduction of several pieces of the Criminal Procedure Code in this period,the witness system of criminal proceedings in China has become increasingly complete.In this process,the Republican legislators responded to the problems arising from judicial practice in the judicial practice in the new amendments to the Code,and worked hard to absorb the outstanding legislation of German and Japanese civil law countries in a more comprehensive manner.At the same time as the results,the fine traditions contained in our country's traditional laws are improved or retained.The criminal witness system in the period of the Republic of China was a relatively perfect criminal procedure system that operated under the principle of free and reasonable evidence under the leadership of the judicial organs.Criminal witnesses should perform natural person and perform witness obligations in accordance with the provisions of the Criminal Procedure Law,and set up a perfect punishment system for those who violate the obligations.In order to promote the smooth conduct of criminal prosecution activities and witnesses' ability to perform their obligations as witnesses,there are many provisions on the protection of witness rights.The legislators of the Republic of China made adjustments to the relevant provisions of the German and Japanese law that they have learned from theconsideration of China's national conditions when establishing the criminal witness system,making it more in line with China's social environment.Although this system still has certain deficiencies due to historical limitations and the incomplete social system during the period of the Republic of China,it passed the historical background of the modern criminal witness witness system in the period of the Republic of China and the basic content of the criminal witness system and the system.The existing characteristics and limitations explore and analyze,and on the basis of a deeper understanding of the criminal procedure witness system itself and related legal theories in the Republic of China,it can be compared with the current criminal litigation witness system to find the current legislation.The reason for the defect.Further,it proposes the provisions of the current criminal witness system to improve the obligations of witnesses,improve the system of witness refusal,improve the witness punishment system,and improve the rights protection mechanism for witnesses.