Motivation Mechanism For Criminal Witnesses To Testify In Court

Establishing a trial-centered litigation system is an important part of China's judicial reform.The ultimate goal of the reform is to make every citizen feel fair and just in every case.In the field of criminal procedure,in order to achieve "trial-centered",on the one hand,we should highlight the central position of the trial procedure in the whole procedure,on the other hand,we should play a decisive role of court trial in identifying facts,identifying evidence,convicting and sentencing,and realize the substantive nature of court trial.Substantialization of court trial requires that the principle of direct speech be implemented in criminal trial.Witnesses must testify in person and accept cross-examination by both the prosecution and the defense.Evidence identified by judges on the basis of cross-examination in court is the basis of judgment.However,the rate of witnesses appearing in court is very low in our criminal procedure.According to the statistics of the Supreme People's Court,in first instance criminal cases,the rate of witness appearing in court is less than 10%,and in second instance criminal cases,the rate of witness appearing in court is less than 5%.Even in some grass-roots people's courts,the rate of witnesses appearing in court in the first instance of criminal cases is less than 1%.The reason for this situation is not only the litigation tradition,the citizen's consciousness of testifying,but also the imperfect legislation of witness appearing in court.In order to improve the rate of witness appearing in court,in 2012,the revised Criminal Procedure Law of our country strengthens the duty of witness appearing in court and guarantees the rights of witnesses,and pays attention to the protection of personal safety and economic compensation of witnesses appearing in court.However,there are still some problems in the legislation,such as the narrow scope of cases,the lack of specific protection subjects,the incomplete protection methods and the lack of relief mechanism.Under the condition of weak witness's testimony consciousness,we should solve the problem of low witness's testimony rate.On the one hand,we should strengthen witness's testimony obligation by increasing the legal liability of witnesses who refuse to testify in court.On the other hand,we should improve the current system of personal safety and economic security of witnesses in court;on the other hand,we should give witnesses spiritual benefits by adding incentives for witnesses to testify in court.Benefits,using modern scientific and technological means such as artificial intelligence,enrich the way of witnesses' testimony in court,and encourage witnesses to testify in court.This paper is divided into four parts:Part ?;The concept and significance of incentive mechanism for criminal witnesses to testify in court.On this basis,the concept of incentive mechanism for criminal witnesses to testify in court is defined,and the significance of incentive mechanism for criminal witnesses to testify in court for promoting substantive criminal trial,realizing judicial justice and safeguarding human rights is explained.The second part:incentive mechanism for criminal witnesses to testify in court in two legal systems.From the perspective of comparative law,this paper focuses on the incentive mechanism of criminal witness appearing in court in Anglo-American legal system countries represented by the United Kingdom and the United States and in continental legal system countries represented by France,Germany and Japan.On the basis of introducing and analyzing the incentive mechanism of criminal witness appearing in court in these countries,it points out the reference significance for our country.Part ?:The current situation and problems of incentive mechanism for criminal witnesses to testify in court in China.This paper introduces the present situation of incentive mechanism for criminal witnesses to testify in court in China,and analyses the main problems of incentive mechanism for witnesses to testify in court in China:the lack of operability of the system for protecting the personal safety of witnesses in court and the inadequate protection of the economic interests of witnesses in court.Part ?:Legislative perfection of incentive mechanism for criminal witnesses to testify in court.On the one hand,we should expand the scope of personal safety protection of witnesses appearing in court,clarify the main body of protection,refine the way of protection and establish relief mechanism;on the other hand,we should improve the current system of economic compensation for witnesses appearing in court and increase the reward for witnesses appearing in court;in addition,we should encourage witnesses to testify in court by giving witnesses spiritual interests;and enrich witnesses appearing in court by using modern scientific and technological means The way of testimony can reduce the psychological burden of witnesses appearing in court.