Research On Reliability Of Criminal Witness's Testimony

It is inevitable that there are arguments in the daily life,so litigation is required to intervene.Witness' s testimony plays an important role in litigation.As evidence,it must be objective,real,and reliable.Whether the witness' s testimony is true and reliable does not only consider the degree of perfection of the judicial system,but also tests the good and evil of human nature.With the continuous deepening of the trial-centered reform of the criminal litigation system,china's criminal litigation system is gradually improving.However,as a supporting evidence system,there are still many places that are not satisfactory;among them,the problem of the dependence of witness testimony is one of the more prominent problems.As an important verbal evidence,the testimony of witnesses in criminal proceedings,like other kinds of evidence,is tested by objective authenticity in court.In criminal proceedings,witnesses' testimony is often placed in a dilemma between “fish and paws”.On the one hand,due to the urgent need to find out the facts of the case,the judiciary has a strong dependence on witness testimony;on the other hand,due to the possibility of misleading witnesses' testimony,defendants and other participants in the lawsuit have suspicions about their instincts.During the trial,there was even an astonishing scenario in which the defence lawyer asked the witness to give the oath.Traced back to the source,the reason why criminal witness testimony is in such an awkward situation is lack of reliability.Based on the practical needs of judicial practice in our country,this paper uses the perspective of criminal lawsuits to analyze the influencing factors of the reliability of witness' s testimony and the difficulties it faces.Based on the inspection of the relevant rules of foreign criminal witness' s testimony,the author tries to fend out some effective measures to improve the reliability of criminal witness testimony in our country.The body of the text is divided into five parts.The first part is the introduction.The authenticity and reliability of the witness' s testimony as legal evidence not only directly relate to the outcome of the judgment of many cases and the ultimate fate of the parties,but also relates to the real realization of judicial fairness and justice that are sought after by the legal person.The second part is the summary of the reliability of criminal witness' s testimony.Essentially,witness' s testimony is the factual information that witnesses present in their minds in the form of language that states the fact that the objective world has taken place.The influencing factors of the witness' s testimony include two types: one is the estimator variable,including the witness factor,the event factor and the testimonial factor;the second is the system variable,including the inquirer factor,the queuing factor and the environmental factor.In criminal proceedings,a reliable witness testimony must be objective,true,and must be trustworthy.The third part is the dilemma of the reliability of criminal witness' s testimony.In criminal proceedings,the improvement of the reliability of the testimony of witnesses in China not only faces the dilemma of the legal system,but also faces the dilemma of judicial practice.The fourth part is the inspection of foreign criminal witness' s testimony rules.Stones from other mountains can attack jade.The current witness testimony rules,cross-examination rules,and evidence rules in countries such as the United States,Germany,and Japan can provide theoretical results and practical experience for our country.The fifth part is the measures to improve the reliability of criminal witness' s testimony.In the criminal procedure,the reliability of criminal witness' s testimony will be significantly improved through the improvement of the relevant rules and regulations of the testimony of witnesses,cross-examination and acceptance,and the improvement of the quality and ability of judicial personnel and the application of existing scientific and technological achievements.