A New Research Of Witness Protection In The Code Of Criminal Procedure

The protection mechanism of criminal witness is a hot topic in the reform of judicial system and criminal procedure law.It is an important means and tool to promote social fairness and justice.However,the criminal witness protection mechanism of our country has not yet played its due role because of the weak consciousness of our country's citizens 'testimony and the imperfect system of criminal witness protection.In recent years,the trial model hasgradually changed from inquisitorial to confrontational,and many public security organs and experts and scholars have conducted in-depth research and practice on the protection of criminal witnesses from the perspective of improving the efficiency of handling cases and increasing the rate of court testimony.This has played a positive role in eliminating the subjective and objective constraints on the protection of criminal witnesses in China.However,due to the lag in theoretical research,the criminal witness protection activities carried out in various places are not the same.Although individual results have been achieved,most of them are only in the form.Based on the above shortcomings,combining the views of advanced scholars at home and abroad and the institutional design of advanced countries,and putting forward my own views,this paper makes an innovative exploration on the construction of the criminal witness protection mechanism.And put forward the construction of our new criminal witness protection system and its perfect legislative suggestions.In theory,we should strengthen the criminal witness protection consciousness,perfect the criminal witness protection mechanism,and give full play to the criminal witness protection function.This article is divided into four parts: The first part,the summary of the criminal witness protection system,the main point of which is to expound the concept,positive significance and relationship with other laws;The second part,the construction of the criminal witness protection system,from the protection of the subject,content,object and the practice of the protection agencies to discuss,put forward the criminal witness protection of the subject and content of the definition,specific content and abuse;The third part analyzes the defects of the existing criminal witness protection system in China,and concludes that the main body of the criminal witness protection system that stipulates the implementation of protection has defects,the object and scope of protection is too narrow,the emphasis is on the protection of personal safety,and the lack of operational provisions;The fourth part,the summary of the new mechanism of criminal witness protection;Firstly,the concept of the new mechanism is defined in a descriptive way,and its legal basis,expected objectives and realization standards are theoretically demonstrated.The feasibility of the system is then demonstrated.