Research On Improvement Of Criminal Witness Protection System

In the reform of the trial-centered litigation system,it is an important part to improve the system of criminal witness appearing in court.How to provide a perfect system guarantee for the criminal witness appearing in court is a common problem that legislators and judicial workers have to consider,and the establishment of the criminal witness protection system is one of the key links.In view of that the construction of the criminal witness protection system in China is still in the initial stage,and the relevant system design is too principled and lack of operability.Although many domestic scholars have put forward some constructive opinions on the relevant system,the author believes that it is still of great significance to study the criminal witness protection system when the relevant legal system has not been improved and the supporting system has not yet formed.This paper expounds the witness protection system and its improvement from the following four aspects:The first part defines the concept and scope of criminal witness,points out that criminal witness includes not only ordinary witness,but also police witness,expert witness and stain witness,then raises questions according to the current situation of criminal witness protection system in China from two aspects.In the legislation aspect,the relevant legal provisions are sorted,and in the judicial aspects,this paper puts forward the problems faced by the system of criminal witness protection in China through empirical analysis and case analysis in the form of data,charts and cases.This paper finds out the problem is that the witnesses will not only be exposed to the social risks of retaliation by the defendant,but also to the legal risks of infringement by the organs under investigation and control.The second part introduces the criminal witness protection system of other countries and regions under the developed rule of law.This paper selects four representative countries and regions,i.e.the United States,the United Kingdom,Germany and Taiwan of China.Corresponding to the content of this paper,it analyzes the legislation and system content of criminal witness protection in these four countries and regions,and the witness can avoid the legal risk through the system of witness privilege and stain witness.It is worth introducing into China in accordance with the national conditions.In the third part,through the above analysis of the legislation and judicial status of criminal witness protection in China,and comparing with the successful experience of foreign countries,the author thinks that the social risk of witness testimony comes from the inadequate protection of the witness before the witness and the imperfect content of the system,while the legal risk of witness testimony comes from improper use of the crime of perjury,unfair procedure and the absence of witness privilege and stain witness system.The last part of the paper puts forward the author's suggestions for improving the criminal witness protection system.We need to improve the pre-protection of witnesses,carry out the specialized legislative work of witness protection law,expand the object of witness protection and the scope of cases,identify the subject of obligation,improve the protection procedures and measures,and perfect the supporting criminal law provisions.In terms of prevention of legal risks,we should make clear the prosecution standard and procedure of perjury,establish the rules of witness privilege and stain witness system so as to provide comprehensive protection for witnesses.