Research On The Reform Of Witness Investigation Procedure Under The Target Of Substantive Criminal Trial

At the background of the substantive reform of the trial,the core position of criminal trial procedures in criminal proceedings is widely recognized.As the middle procedure in the criminal trial procedures,the procedure of witness investigation adopts different investigation methods under different litigation modes,and they all have its own historical origin and theoretical basis.Nowadays,China criminal procedure law has made framed regulations on the witness investigation procedure.However,the investigation centralism is still relatively obvious.The pilot reform of the substantive trials in China has made important progress in the rule of witness investigation and supporting measures,but still need further development.First,China should select the witness investigation mode that conforms to the current litigation structure;in the terms of procedures and rules,the provisions on the subject of inquiry,the object of the inquiry,the order and scope of the inquiry,etc.,should be refined.The inductive inquiry rules should be appropriately relaxed and the objection rules should be detailed;as supporting measures to ensure the effective operation of the witness investigation system,the witness in court testimony rate and the lawyers' defense rate should be guaranteed,the pre-trial conference system should be improved,the simple cases from complex cases should be separated and the level of inquiry by judges,prosecutors,lawyers are also should be enhanced.