On The Perfection Of Criminal Witness's Appearance System In China

China has always been known as the ancient civilization of the East,emphasizing the country's peace,social stability,Confucianism enjoys popular support.In such a big environment,the probability of witness appearance has been relatively low.Although in the new "Code of Criminal Procedure",the witness system has made a large number of changes,to further improve the witness court system,the protection of witness measures to protect the type of witness cases.However,since January 1,2013 since the implementation of the witness rate of low attendance has not changed significantly,seriously affect the efficiency of the trial,the quality of handling the case,the defendant's human rights protection can not be in place,some cases are more Dragged down,resulting in the waste of judicial resources,a serious obstacle to the process of socialist rule of law in China.In this paper,this paper starts from the system itself,introduces the present situation of the legislation of the witness system,the present situation and the existing problems,and draws lessons from the appearance system of foreign witnesses to provide suggestions for the improvement of the witness system.The specific structure of this paper is as follows:The first chapter mainly introduces the criminal witness appearance system.From the concept of the system,theoretical basis,value analysis on three sides to elaborate.The concept of the system includes the meaning of the witness,the concept of witness testimony and the origin and concept of the witness system.The theoretical basis includes the principle of direct speech is the external manifestation of criminal witness appearance system,the principle of human rights protection,the pledge system.There are four aspects of value analysis,which are helpful to reveal the facts of the case,which is helpful to the reform of the trial mode in our country,which is conducive to the protection of the defense right and the efficiency of the litigation.The second chapter mainly introduces the present situation and existing problems of the criminal witness appearance system.The law provides more than before,with considerable progress,but the practice is still not optimistic about the status quo.The main reason is that traditional Confucianism is rooted in the mind,personal safety concerns,witness legal awareness and so on.There are different problems in witness protection,economic compensation,refusal to claim and so on.The third chapter mainly introduces the fine system of the United States and Germany and the enlightenment of the system to our country.There are witness protection system,economic compensation system,special rights system.The protection system includes protection organs,protection scope,protection procedures,protection measures.The provisions of specific,operable,with great reference.The fourth chapter is to improve the system of witnesses in China to make recommendations.Embodied in the witness protection system,economic compensation system,counseling and exemption system.On the basis of our existing basis,to further improve the protection system to ensure that attendance rate,to discourage witnesses are afraid of retaliation concerns.Provide financial subsidies to solve material problems.Heart counseling is a long-term protection,in order to avoid witnesses in the testimony,due to stress caused by the state of life,the mental state of a sharp decline in the situation.Witnesses have the right to exercise their right to testify.The system of special rights and interests is a manifestation of rights and obligations.From the above aspects of witness attire system in-depth analysis,will greatly promote China's witness system,improve the status quo low rate of attendance.Because the evidence is the cornerstone of a fair trial,one of the four basic principles of our country's law is "to be based on facts,to the law as the yardstick." Witness testimony as an important evidence,court testimony is conducive to the facts of the case to identify,To provide the basis for the correct conviction and sentencing of the judge.