Research On Witness’s Testimony In Criminal Proceedings

Witness’s testimony in court is an important part of the court trial.It means that when the court hears a case,the witness is present in court and objectively States the facts of the case known to the court through oral means.At the same time,he accepts the questions and cross-examinations of the parties.Proceedings before a judge for questioning and review.Normally,witnesses have the force of law through their testimony at the time of the court’s statement,allowing the proceedings to continue normally.The problem of criminal witness testifying in court has been one of the difficult problems in the judicial practice of criminal procedure.In judicial practice,the majority of public prosecution cases should require witnesses to testify in court according to law.However,in criminal trials,witnesses are usually reluctant to testify.The rate of direct attendance of criminal witnesses at notice is low,with the vast majority of witnesses wishing to appear after repeated contact with judicial staff.After the implementation of the revised Criminal Procedure Law in 2012,criminal witnesses still face the problem that the vast majority of criminal witnesses are unwilling to testify or even refuse to testify.Even if the witness is willing to appear in court,there will be cases where the quality of the testimony is not high and the evidence is refuted in court.Common law system and civil law system are more perfect in promoting witnesses to testify in court,protecting the safety of witnesses,and granting witness subsidy system.The attendance rate of witnesses in judicial practice is not satisfactory.Among them,the traditional judicial concept of our country is bound,but also has the limitation of the legal provisions themselves.The practice of witness appearance in other common law and civil law countries is supported and guaranteed by other supporting regulations.As far as possible,it should testify in court,which is more prominent in common law countries;The second is the key witness,that is,the witness testimony that plays a key role in the identification of evidence and facts in criminal cases.Witnesses must testify in court;Third,criminal witnesses who testify in court should swear in court to ensure that their testimony in court is objective and true;Fourth,witnesses who testify in court should accept cross-examination by the prosecution and defense parties and defendants.Fifth,the witnesses who should testify in court should bear certain legal responsibility,even criminal responsibility,for refusing to testify in court.In particular,the witness protection system and witness financial assistance measures have greatly increased the incentives for witnesses to appear in court and have enabled witnesses to be willing to present their case facts.Based on the current laws and regulations,this paper analyzes the reasons for the difficulty of witnesses appearing in court in China’s judicial practice.With reference to our legislative experience,we can gradually improve and implement the criminal witness testimony system by considering witness protection,witness financial assistance,witness refusal rights and compulsory witness attendance at court.For example,we will further strengthen the legal propaganda work for the public,gradually raise the awareness of citizens ’legal obligations to testify in court,appropriately raise the financial subsidies for criminal witnesses to testify in court,and refine the protective measures mechanism for criminal witnesses.Therefore,through the preliminary study of the system of criminal witnesses testifying in court,it is hoped that this system will be better implemented in judicial practice,and the function of discovering the facts of the case and correctly criminalizing and sentencing the criminal trial will be realized.