On The Examination And Judgment Of The Testimony Of Criminal Witnesses

The reform of the trial-centered litigation system requires the substantiveization of the trial,the key of which is that the witness can appear in the court so that the judge can directly examine the witness testimony and judge.In practice,the trial generally affirms the evidentiary ability of the testimony transcript and the overly mechanized proof,which leads to over-emphasis on the authenticity of witness testimony,and the situation of proving the ability of evidence to counter evidence often occurs.These problems seriously restrict the formation of trial-centered litigation structure.An objective,comprehensive and scientific examination of witness testimony requires the implementation of the principle of evidence adjudication and the principle of direct speech in the trial,emphasizing that the judge should carry out the examination and judgment of witness testimony in order according to the pre-evidence ability and then the ability to prove it.The focus of the examination of witness' s evidentiary capacity is whether the witness testimony has the qualification to enter the court,on the one hand,it is necessary to guarantee through the procedure that the witness as the carrier of testimony can make the maximum representation of the facts of the case,on the other hand,it needs to carry out the content of the examination from the negative statutory exclusion elements and positive elements,to determine whether the witness testimony has the legal qualification to enter the court.Witness testimony proves that the focus of judgment is to focus on the credibility of the witness,focusing on the credibility of the witness and the credibility of the testimony.