The Application And Perfection Of Pretrial Testimony Transcripts

Strengthening the appearance of witnesses in court is one of the requirements of the litigation reform of "substantive trial" in China.However,in the judicial practice of our country,the phenomenon of witnesses not appearing in court is common,the rate of witnesses appearing in court to testify is relatively low and has not been significantly improved,it seems that it is still difficult to ensure that all witnesses in every case appear in court to testify.In this case,in order to better identify and determine the facts of the case,the pretrial statement of the witness is often the key for the judge to determine the facts of the case.Therefore,in the judicial practice of our country,the pretrial testimony record is usually replaced by the testimony of the witness when the witness does not appear in court.There are many views in the theoretical circle on the application of the record of testimony before the court.Some scholars oppose the centralism of the record of testimony,believing that the record of testimony has no ability of evidence,and oppose the use of the record of testimony before the court.Some scholars believe that in the criminal evidence law of our country,the pretrial testimony record has the ability of evidence,and the witness' s testimony in court or hearsay testimony(including the pretrial testimony)can enter the court smoothly and serve as the basis for the decision.However,China's current legislation on the pre-trial testimony record is relatively vague,on the one hand,it emphasizes the witness to testify in court,on the other hand,it stipulates that they can be read in court,which actually does not clarify the evidence capacity of the pre-trial testimony record.In the case that the witness appears in court and the witness does not appear in court,there are some irregularities in the application of the pretrial testimony in China.Especially when the witness does not appear in court,the pretrial testimony is often assumed to have the capacity of evidence,and can enter the trial and become the basis of the decision.Although the pretrial testimony record has its own advantages,it must be reasonably regulated due to a series of problems arising from its extensive application.Case evidence entering the court must meet certain evidentiary qualifications.The pretrial testimony record itself lacks the qualification threshold,and is allowed to be successfully used as evidence in the trial too broadly,which will infringe the defendant's cross-examination rights.Of course,this does not completely deny the evidentiary value of the pretrial testimony record.The hearsay and evidence rule and the direct speech principle of the two law systems have clear exceptions totheir limitations and give them the ability of evidence under specific circumstances.The exception of the testimony of the witness provides a solution to the problem of improving the evidence ability and testifying power of the pretrial testimony record in our country and strengthening the testimony of the witness in court.Should be based on the actual current judicial reform in our country,a reasonable reference to two major legal systems of evidence rules,points out several exception reference case to conform to the judicial practice in our country,through the perfect witness to testify the supporting measures,to resolve the witness to appear in court to the plight of the court trial more fairness and justice,to improve the economic value of the judicial efficiency and action.At the same time,some principles and rules should be followed to standardize the rules of cross-examination of pretrial testimony in the process of using pretrial testimony records.After the examination of written testimony before the court,it is determined that it has the ability of evidence.The application of this aspect and the provisions of the perfect system do not simply compare and judge the evidence and make a choice directly,but take the confirmation basis of whether the authenticity of the comprehensive evidence materials can be verified each other to check the strength of the evidence.