Research On The System Of Witness To Testify From The Perspective Of Substantive Reform Of Court Hearing

The purpose of substantive reform is to ensure that the innocent person is not subject to criminal investigation.Witness testimony is one of the most important evidence types in China's criminal procedure.Not only in civil law countries,but also through the study of relevant laws and regulations of other countries,it is not difficult to see that most countries have stipulated the relevant provisions of compulsory necessary witness testimony in criminal proceedings,and the witness who must appear in court to testify will not be accepted by the court.A large number of theoretical and practical studies on criminal proceedings show that witness testimony in court is the most effective and scientific way to test the authenticity and relevance of witness testimony,but the reality is that the rate of witness appearing in court is low in China.The witness' s failure to testify has greatly affected the fairness and impartiality of the criminal trial.The witness' s failure to testify has greatly affected the fairness and impartiality of the criminal trial.It can be seen from the redress of wrong cases in recent years that the problem of witness appearing in court has caused enormous legal risks.Firstly,it leads to the distortion of witness testimony,which can not intuitively understand the true situation of the witness,and affects the credibility of the witness testimony.Secondly,crossexamination can not be carried out,the prosecution and the defense,especially the accused,can not verify the case with the witnesses,the court trial reduced to formalism.Third,the absence of witnesses to testify in court will lead to the key facts can not be found out,and may eventually lead to unjust cases.Fourthly,if the key witness does not appear in court,the defense will question the fairness of the procedure.In the course of the hearing,the defense will put forward the application of witness to testify or other procedural objections,which will cause the interruption of the trial and reduce the efficiency of the proceedings.As a front-line judge in the Criminal Court of the grass-roots court,the unit directly undertakes the task of demonstrating the reform of the criminal procedure system.As the experiencer,participant and implementer of the reform,the author has accumulated some experience and insights in the course of his work.At present,the trial of substantive reform has gone through two years,the effect of the reform and the existing problems are analyzed,in order to improve the witness appearing in court system,to promote the trial of substantive reform has important research significance and value.On the basis of analyzing the effect of reform and the existing problems,the author refers to foreign experience and practices,and combines with judicial practice to study,trying to provide grass-roots experience and grassroots wisdom for the next step of criminal witness appearing in court system legislation.This article is mainly divided into five parts.Part ?: The author summarizes the system of criminal witness testifying in court,clarifies the key concepts of this study,determines the scope of discussion and research background.First of all,the concept of witness and the concept of direct verbal principle are analyzed.Second,it analyzes the theoretical basis of criminal witness appearing in court and the risk caused by not appearing in court.Finally,the significance of criminal witness appearing in court is analyzed.Part ?: The author introduces the present situation of the witness appearing in court system in our country's criminal procedure,traces the problems existing in the present system to the source,explores the reasons,the defects in the legislative system,the low subjective initiative of judges and prosecutors,and the subjective will of witnesses,and so on.The certificate rate is not high.Part ?: The author introduces the reform measures and mechanism of the witness appearing in court system in the reform of criminal procedure system centering on trial,analyzes the practical operation pattern of the reform at the grassroots level,analyzes the effect of the reform and the problems appearing in the reform,and thinks that the reform has played an important role in improving the rate of witnesses appearing in court.As a result,positive results have been achieved,but the promotion of the reform has not changed the problem of inadequate legislative system,some judicial personnel have failed to implement the reform spirit,the scope of implementation of reform measures is limited,witness appearing in court may still be subject to the judicial will and witness appearing in court is not strong.Part ?: The author analyzes the reference points of the system of criminal witness appearing in court abroad,mainly introduces and analyzes the system of criminal witness appearing in court in the United States,Britain,Germany and Taiwan,summarizes the enlightenment and reference significance of the experience abroad,and refines the reference parts of the system of criminal witness appearing in court.It has a positive impact on the establishment and improvement of China's testimony system.Part ?: The author puts forward the suggestion of perfecting the system of criminal witness appearing in court in our country.According to the theoretical research and practical experience,the author imagines to establish the system of compulsory appearing in court of necessary witness and the system of prohibiting counterclaim and strengthening perjury investigation.It is necessary to clarify the qualification,rights and obligations of witnesses,establish a safeguard system for witnesses to appear in court,establish an exception system for criminal witnesses to appear in court,and give witnesses the right to refuse to testify reasonably.