Problems And Perfection In Witness Protection Procedure In Criminal Litigation

In the judicial practice,our country found that witnesses have a low rate of testimony in court.This serious situation has affected the process of criminal procedure,and it has also hindered the judicial reform and the rule of law in our country.The reason is that the protection of witnesses in criminal proceedings in China is imperfect.This thesis mainly studies from four partsThe first part: the legal basis of the witness protection system in criminal proceedings.There must be a certain legal basis for the construction of the witness protection system.This part focuses on the three parts of the theory of human nature,social contract theory and state protection obligation theory,and analyzes and summarizes it.Finally,through the theory of consistency of rights and obligations,it is pointed out that when establishing a witness protection system,it should be institutionalized and legalized through legal means.The second part: Comparative study on the protection system of extraterritorial criminal litigation witnesses.Through the provisions of the witness protection system for the representative countries of the Anglo-American legal system and the civil law system,it can be seen that the following characteristics are mainly set up to establish special witness protection institutions;the measures for witness protection are diversified;there is corresponding judicial input;The violation of the lawful rights and interests of witnesses has been punished accordingly;the corresponding relief and compensation measures have been established for witnesses.The third part: the status quo of witness protection system in criminal proceedings in China.Focusing on the legal provisions of witness protection in China,it can be seen from the procedural law,substantive law and constitutional provisions that there is no special witness protection law in China.Through the analysis of the status quo of legislation,it is found that the scope of witness protection is narrow,including the scope of application of the case,the scope of protection,and the content of protection is too empty;the measures for witness protection are not specific;the problem of the operability of witness protection procedures is not strong.The fourth part: the perfection of witness protection system in criminal proceedings in China.In view of the status quo of witness protection in criminal proceedings in China and the provisions of the protection system for foreign witnesses,the improvement measures of witness protection system in criminal proceedings are proposed.First of all,to improve the system,we should proceed from the basic principles.This article proposes the principle of equal protection,respects the principle of the will of the parties and the principle of comprehensive protection.It also analyzes and designs the three elements of the witness protection system for criminal proceedings,namely,the object of protection,the protection organs and the protection measures.Finally,this thesis designs the process of witness protection in criminal proceedings,which is divided into six parts,namely,submitting protection application,reviewing the protection application and starting the protection process,assessing the danger and formulating the protection plan,signing the protection plan memorandum,and protecting the plan.Execution and termination of the protection plan.