Problems Of China’s Criminal Witness Protection System And Its Improvement

Witness testimony,as one of the forms of evidence commonly used in criminal proceedings,is of great significance in ascertaining the facts of a case,but in China’s judicial practice,witnesses are reluctant to appear in court and are afraid to appear in court,the main reason for which is the imperfection of China’s criminal witness protection system,so its improvement is an important element in the reform of the judicial system and criminal procedure jurisprudence.From the basic theory,the criminal witness protection system is an essential element of the complete legal system,which is necessary for the protection of human rights and the realization of procedural and substantive justice in criminal proceedings,and can effectively promote the smooth implementation of the reform of court trial substantiation in China.However,through the analysis of the data,it is easy to see that China’s criminal witness protection system still needs to be improved,combined with China’s current legislation and practice,it can be found that China’s current legislative provisions on the system lack of actionable;protection of the subject and the division of responsibility is not clear,it is easy to avoid the heavy and light,shirk the responsibility of the situation;the object of protection and the scope of rights and interests are unreasonable;the scope of protection objects and rights and interests are unreasonable and not comprehensively protected;the protection measures are relatively empty and lack effective prior protection measures;the protection procedures lack provisions on the interface of work and other problems.In order to solve these problems,on the basis of a full analysis of the current legislation and practice of China’s criminal witness protection system,we will examine and analyze the relevant provisions of the United States and Germany,and summarize the commonalities and seek successful experiences for China’s reference,so as to explore effective ways and means to improve China’s criminal witness protection system.The successful experience and useful results of foreign reference,must be based on China’s basic national conditions,so China’s criminal witness protection system should be improved from the following aspects: should form a special witness protection team,which is fully responsible for the protection work,other organs should also cooperate;appropriate to broaden the scope of the protection of the object and rights and interests of the witness to provide comprehensive protection;improve preventive protection measures,will Witnesses’ legitimate rights and interests can be infringed upon to the minimum,and reference can be made to the German "class theory" to divide the protection measures into risk levels,so as to reasonably allocate effective judicial resources;and to clarify the specific and complete workflow to make it more operable.