Research On The System Of Forcing The Criminal Witnesses To Appear In Court

The compulsory appearing system of witnesses in criminal proceedings refers to the system that witnesses in criminal proceedings can not refuse to appear in court for certain reasons,and the Court issues summons to summon witnesses,and compels witnesses to appear in court to testify with the compulsory force of the state.The system of compulsory witness appearing in court is not only the right of the court,but also the obligation of the court.For a long time,in the criminal trial stage of our country,there are some problems,such as the difficulty of witness appearing in court and the low rate of appearing in court.At present,our country is carrying out the reform of substantive trial,and the system of compulsory witness appearing in court undoubtedly plays an important role in the reform of substantive trial.Ensuring that witnesses testify in court,evidence review in court,cross?examination in court and illegal evidence are excluded from court is of great value to safeguard the litigation rights of criminal suspects and defendants,prevent unjust and false cases and realize due process.Relying on the difficulties faced by judicial practice and the theory of criminal procedure,this paper puts forward corresponding solutions.With the help of witness compulsory appearing in court system,we hope to solve the problem of low rate of witness appearing in court in our judicial practice,and realize the coordinated promotion of criminal trial efficiency and justice.This paper is divided into the following four parts:This paper is divided into the following four parts:The first part introduces the connotation and characteristics of the system of compulsory witness appearing in court in criminal proceedings.In order to protect more important social values,such as family relations and privacy rights,it is necessary to restrict the system of compulsory witness appearing in court in criminal proceedings.Then there are some exceptions to the system of compulsory witness appearing in court in criminal proceedings.The second part introduces the value of the system of compulsory witness appearing in court in criminal proceedings,which is The human rights of the main social security and the inevitable requirement of realizing procedural justice are urgently needed for the prevention of unjust and false cases.Finally,the criminal witness' s compulsory appearing in court and the right to refuse testimony are inseparable.This paper systematically discusses the theoretical origin of the criminal witness' s compulsory appearing in court and refusing testimony.The second part introduces the system of compulsory witness appearances in criminal proceedings in Germany,France and Japan as civil law system,and the system of compulsory witness appearances in criminal proceedings in Britain,the United States and Hong Kong as common law system.Through the comparison between civil law system and common law system,and the comparative analysis of Chinese and foreign laws,I hope to draw lessons from the legal provisions of foreign countries and regions.Nutrition,to promote their own development.The third part mainly introduces the current situation and main problems of the witness appearing in court system in our country.There are some problems in the witness compulsory appearing in court system in our country,such as the right of non?refusal to testify,the lack of rigid sanctions,the greater discretion of judges,the imperfect procedure of applying for witness compulsory appearing in court,and the influence of file centralism.The fourth part introduces the construction of witness compulsory appearing in court system with Chinese characteristics,including the perfection of the right to refuse testimony,the strengthening of punishment measures for witness refusing to appear in court,the construction of witness compulsory appearing in court procedure,and the active exploration of video testimony methods.Finally,because the structure of criminal procedure is a cohesive whole,relying solely on the system of compulsory witness appearances can not completely solve the problem of low witness appearances.It must be coordinated with other criminal procedure systems,mainly introducing the system of lawyer assistance,reforming the rules of cross?examination,witness protection,introducing private funds to compensate for the shortage of funds to strengthen the economic compensation of witnesses,etc.Supporting measures are taken to enhance the practicability of the witness compulsory appearing in court system.