Reasons And Countermeasures For The Low Rate Of Witnesses Appearing In Court In Criminal Cases

The low attendance rate of witnesses in criminal cases has always been a problem in China's criminal trial practice.Once the testimony record before the court is easily used as the basis for deciding a case,it can not fundamentally improve the substantive level of the court trial and protect the criminal defendant's right to testify.Therefore,in order to solve the problem that it is difficult for witnesses to testify in court,on the basis of literature reading,through the data investigation of witnesses in court of criminal cases in all district and county grass-roots people's courts of G City(a total of 8 grass-roots people's courts),combined with the relevant data of Shanghai,it is found that the rate of witnesses in court of criminal cases is very low.Through the communication with the judge and literature reading,it is found that the prosecution's rejection of the witness to testify in court,the judge's negative attitude towards the witness to testify in court,China's unclear hearsay evidence rules,the subjective reasons of the witness,and the loopholes and conflicts in the legislative provisions are the main reasons for the low rate of the witness to testify in court in criminal cases.The author suggests that we should deal with the prosecution's negative attitude,ensure the judge's neutral attitude,learn from the hearsay evidence rules properly,dispel the concerns of witnesses appearing in court,make up for legislative loopholes and eliminate legislative conflicts,so as to improve the current situation of the difficulty of witnesses appearing in court in criminal cases.