| The system of witness appearing in court is an important system in criminal procedure,which is related to the finding out of the facts of the case,and then affects the accurate conviction and sentencing.In 2014,the Fourth Plenary Session of the 18 th CPC Central Committee opened a new round of judicial reform,clearly proposed to promote the "trial centered" litigation system reform,and promote the realization of the substantive trial.The system of witness appearing in court as the topic of the substantive trial has been mentioned for many times.However,since the reform,the system of witness appearing in court has not been improved,and the rate of witness appearing in court has not been significantly improved.The record of testimony is still the main form of evidence in the court trial,and the defendant’s right of cross examination is difficult to be effectively guaranteed.Based on this,this paper,through the study of the system of witness appearing in court in the pilot area,explores the reform effect of the system of witness appearing in court in the substantive reform of court trial and some problems in it,analyzes the reasons on this basis,and puts forward the corresponding countermeasures.This paper is divided into four parts,in the first part,this paper briefly introduces the connotation of the substantiation of the trial,the basic theory of the witness appearing in court,and analyzes the relationship between the substantiation of the trial and the witness appearing in court,that is,the requirements of the substantiation of the trial for the witness appearing in court and the promotion of the substantiation of the trial by the witness appearing in court.In the second part,through the study of the witness’ s appearance in the trial substantive pilot of Chengdu two-level court,Guangzhou two-level court and Shanghai Second Intermediate Court,it is found that although each pilot court has taken certain measures to promote the witness to appear in court to testify,the improvement of the witness’ s appearance in court in the pilot area is not obvious,and the dependence of written testimony is still strong.And further analyze the reasons for the limited effect of the reform.The court led reform of the litigation system failed to break through the current legal restrictions,but only to refine and repair the current legal system.The focus of the reform in the pilot area is on witness protection and economic compensation,which has not shaken the litigation structure of investigation centralism and the trial mode of file centralism,It does not involve the relevant rules of evidence,so it has not been able to make substantive progress in improving the scope of witnesses to testify in court.In the third part,this paper analyzes the problems that the witness system encounters in the actual implementation process,such as the unwillingness of the witness to appear in court,the low enthusiasm of the judge and the prosecutor for the witness to appear in court,the dependence of the court on the case file is still large,and further analyzes the legal reasons behind these problems,the litigation structure of Investigation Centered doctrine and the case file Under the centered trial mode,it is difficult for the witness to appear in court to have an actual impact on the result of the case,and the judge has too much discretion over the scope of the witness who should appear in court,the same ability to prove written testimony,the system of immunity from testimony of close relatives is incomplete,and the imperfect witness protection system,etc.In the fourth part,in view of the current situation of the system of witness appearing in court,this paper puts forward the corresponding opinions,establishes procedural judges to properly block the connection between investigation and trial,determines the scope of the witnesses who should appear in court,and the record of testimony when the witnesses refuse to appear in court should lose its effectiveness,establishes the system of close relatives refusing to testify,improves the system of witness protection and economic compensation,with a view to adopting a series of measures To improve the system of witnesses testifying in court. |
