| With the gradual advancement of judicial reform,after the establishment of the status of the trial center,all sectors of society have put forward higher requirements on how to safeguard their own rights and interests and ensure judicial justice。In this context,the witness testimony system has received more attention。The appearance of witnesses is seen as a core element of the substantive nature of the proceedings and of ensuring that trials are at the centre。The purpose of the trial is to make an impartial decision。The judge’s premise for making an impartial decision is to have sufficient and true evidence。Verbal evidence is mostly direct evidence,and often has a decisive role in the conviction and sentence of the case。Therefore,the cross-examination of verbal evidence is particularly important。In recent years,under the background of litigation reform,although the rate of witnesses appearing in court has been increasing year by year,it still accounts for only a very small number of criminal cases per yearo。How to improve the rate of witness appearing in court and solve the difficulty of witness appearing in court has always been a hot issue in law circles。In the past,the legal community also made many targeted studies and discussions on how to fully use the witness testimony system,and achieved remarkable results。When the Criminal Procedure Law was amended in 2012,it made some amendments。With the enactment of the Code of Criminal Procedure,the low rate of witness testimony has also improved in judicial practice in recent years,but in practice,it is still far from satisfactory。The low rate of witness’s testimony and the insufficient application of witness’s testimony system severely limit the quality and defense rights of both parties in court proceedings,so that judges can not intuitively grasp the authenticity of witness testimony,and the value of the trial center system is difficult to demonstrate。Effective practice comes from sufficient theoretical guidance。Therefore,it is still of great significance to study the problems in the implementation of the witness testimony system,explore the causes of the low rate of witness testimony,and propose targeted solutions in judicial theory and practice。In addition to the introduction,the full text is divided into four parts。The first part mainly reveals the connotation of witness’s testimony system and its significance to the system of trial center in China。The so-called witness testimony system refers to the fact that the witness has stated to the court what he knows about the facts involved in the case,and accepts the basic principles,rules and related supporting systems involved in the process of the prosecution and the defense’s cross-examination and its implementation。It is an important part of the criminal procedure system and has a great influence on the court to clearly identify legal facts and determine the outcome of the judgment。The system has many distinct legal features,such as retroactivity and identity,and has important powers that influence the course of case procedure and the identification of entities。Its implementation process involves many legal theories such as the principle of direct speech and the rules on the validity of evidence,and the rule on the exclusion of illegal evidence。It helps to balance the status of the prosecution and the defense,realize procedural and substantive justice,and enhance judicial authority。The second part is a comparative study of witness testimony system in two major legal systems。Through the comparison and research of the witness testimony system in Britain and Germany and other countries,we summarized the similarities and differences between the two major legal countries in the witness testimony,and summarized their advanced legislative techniques and mature practices。To make it a knowledge reserve for further perfecting the system of witness testifying in court and solving the problem of witness testifying in court,so as to lay the foundation for the next research。The third part discusses the present situation of witness’s testimony system and the reasons for the existing problems。In the form of legislation,China has initially established a system for witnesses to testify in court,which not only establishes the concept,nature and procedure of witnesses to testify in court,but also creates a series of supporting systems around the appearance of witnesses in court,such as judicial discipline and compulsory court appearance。Witness protection and financial compensation system.Although our country has created a relatively complete witness testimony system in law,but through the analysis of graph data,in practice,there are still low witness appearance rate,witness testimony system is difficult to apply.By discussing the reasons behind the problem,the reasons for the above problems include not only the too abstract legal provisions,but also the institutional factors such as the lack of implementation norms and the flawed system construction。It also includes subjective factors such as the lack of awareness of witnesses to fulfil their legal obligations and the lack of awareness of the value of witnesses to testify in the general environment of the judiciary and society。The fourth part is based on the background of the trial center,and partly draws on the mature practice in the system and practice of witness testifying in the United States and other countries,and puts forward and analyzes and proves the specific countermeasures to solve the problem of witness appearing in court in China。The first is to further improve the system of witness appearance in court in China,clarify the scope and conditions of the subject that should testify in court,and further improve the accountability mechanism for refusal to appear in court。The second is to perfect the witness protection system,such as constructing a single witness protection subject,expanding the protection object,and constructing a vertical protection system。The third is to improve the supervision system of witness appearance and witness protection,and establish a supporting system to promote witness appearance in court,build a fair and honest legal environment，ensure that the witness testimony system is fully applied，and effectively increase the witness testimony rate。... |
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