Analysis Of Witness Testifying Rate And Countermeasures

The first paragraph of article 192 of the criminal procedure law of our country clearly stipulates the system of witnesses appearing in court to testify,supplemented by supporting provisions on compulsory witnesses appearing in court to testify and their legal liability for not testifying in court,witnesses’ habeas corpus protection and economic compensation,and the right of close relatives of the defendant to refuse to testify.The purpose of this legislation is to allow witnesses more access to the court,and these new provisions are important to clarify the procedural status of witnesses.However,the phenomenon of "low rate of criminal witnesses in court" still bothers judicial workers.From the perspective of procedure,whether the witness testifies in court is directly related to whether the direct words can be applied and whether the defendant’s right of pledge and right of defense can be truly realized.From the perspective of entity,whether the witness testifies in court is directly related to whether the court can ascertain the case,verify the evidence and make a correct judgment.Therefore,in order to improve the proportion of witnesses to testify in court,to guide the three organs of public inspection and law to face up to the behavior of witnesses in court,to ensure the right to question the court,the testimony of witnesses are supposed to serve as the basis for the final case after the cross-examination in court,which is the first problem to be solved to establish and improve of the trial as the center of the litigation system.In the exploration of the rule of law,the system design of witness appearing in court is not perfect due to the slow development.The in-depth analysis of the low rate of witnesses to testify in court was carried out and some countermeasures were proposed.The paper is divided into three parts,the first part is the legislative evolution of the system of witness testifying in court.The legislation of criminal procedure law is analyzed from prototype design to preliminary practice to extensive exploration and then to the further reform.Taking the case published by the "referee document network" as the research object and searching for the keyword "witness to testify in court",the core position of the system of witness testifying in court in judicial practice was summarized.In judicial status quo,the author carried out on the court case,choose the Angle of the case is a witness to testify,charges,and the witness itself and the related work of appearance,from the two big main body,namely the witness their treatment to treat the witness to appear in court and judicialpersonnel to apply for the perspective of the witness types and diversification of certificate issue,and on the basis of the data sorting summary distribution characteristics and formation reasons of the witnesses to appear in court cases,case summary of charges and testify in the person’s basic situation.The second part is based on the previous part of the content,the problem of China’s witnesses to appear in court was reflected from the subject of subjective factors and objective reality factors,the differences in the treatment of witness testimony in different legal countries were listed,the witnesses and the public security organs of the staff of the subjective and objective pressure and lack of evidence in practice were summarized.The third part is the combination of the first two parts from the ideological level to namely the people’s concept of the rule of law and the concept of judicial organs to protect human rights.The real The realistic system level,namely the content management of the pre-trial conference procedure,the accurate expression of the witnesses’ freedom of speech in court,the balance of the forces of the prosecution and the defense,the improvement of the compulsory appearance of witnesses and the compensation mechanism of witnesses,and the reform of the evaluation mechanism of the public security law.From the perspective of judicial practice,that is,the work outside the court of the court and the improvement of the system,a feasible solution to this problem is proposed.Witnesses as "know the case" to testify in court is a right and an obligation.In the process of several amendments to the criminal procedure law of our country,we have standardized and perfected the system of witness testifying in court,but the judicial status quo of low witness testifying rate and negative witness testifying system has not been well improved and effectively improved.To this,the fourth plenary session of the 18 th central committee provided a good opportunity for this phenomenon.Institutional development;In practice,the pilot analysis of "substantive trial" has been carried out,which has improved to a great extent.However,the majority of witnesses in court are prosecution witnesses,and there are still some problems in the process of witness testifying,such as unclear standards for key witnesses to appear in court,lack of witness testifying integrity,and unclear rules for witnesses to ask questions.Therefore,in order to optimize the effect of witnesses’ testifying in court,we should carry out the principle of judging evidence,clarify the scope of witnesses’ testifying,change the mode of judges’ verification and testifying,and develop the certification rules of key witnesses’ testifying.Key words: witness in court;The witness testifies;Witnesses as "know the case" to testify in court is a rightand an obligation.In the process of several amendments to the criminal procedure law of our country,we have standardized and perfected the system of witness testifying in court,but the judicial status quo of low witness testifying rate and negative witness testifying system has not been well improved and effectively improved.In order to optimize the effect of witnesses’ testifying in court,we should carry out the principle of judging evidence,clarify the scope of witnesses’ testifying,change the mode of judges’ verification and testifying,and develop the certification rules of key witnesses’ testifying.