Legal Regulation Of False Witness Testimony In Criminal Proceedings

In recent years,our country is implementing the "trial-centered" litigation system reform.In this process,how to collect,fix,cross-examine and adopt evidence,and how to treat evidence in a standardized procedure is one of the most detailed,cumbersome and important aspects,which determines whether the concept of the "trial-centered" can be implemented or not and the actual effect of the reform.Therefore,this paper focuses on false witness testimony in criminal proceedings,and analyzes the phenomenon of false witness testimony which widely appears in practice and causes serious judicial dilemma.The first part makes a general analysis of the legislation and theoretical researches related to the regulation of false testimony.In terms of legislation,the substantive law and procedural law related to the regulation of false testimony have been sorted out;in terms of theoretical research,the research status of witness appearance in court,witness protection,witness testimony review,and the crime of hindering testimony by defenders and agents ad litem has been reviewed.The second part analyzes the current situation of false testimony and the problems of its regulation with the combination of cases.This part uses the judgment as the first-hand material,analyzes the characteristics of false testimony in practice,and summarizes the four hazards of false testimony,that is,affecting the investigation time,the suspect temporarily escapes accountability,the judicial organ wrongly prosecuted,and the court makes a wrong judgment.and then Summarizes the reasons why the witnesses gave false testimony.Combined with cases,it analyzes the problems in the regulation of false testimony:insufficient validity of testimony review;weak pertinence of auxiliary measures;inconsistent punishment standards;lack of written testimony norms.The third part compares and analyzes the regulation methods of extraterritorial criminal false testimony.Although the right of pledge in common law system and the direct speech principle in civil law system have different expressions,they both emphasize that witnesses should appear in court to accept cross-examination;in Britain,Germany and other countries have a common basis for religious belief,so witness oath can effectively urge witnesses to make a truthful statement;the United States owns strict rules of direct examination and crossexamination,which not only guarantees sufficient questioning of witnesses,but also allows sufficient space for defenders to defend themselves;the United Kingdom has a variety of public or private witness habeas corpus measures,while the United States has developed a relatively complete witness property compensation system;German criminal law clearly stipulates the correction of testimony,while the United States has a relatively strict testimonial maintenance system,which has a different focus.The fourth part puts forward the perfect idea of the regulation of false testimony in criminal proceedings.It mainly discusses from three perspectives:the procedure design of evidence collection and review,the legislative connection between criminal punishment and administrative punishment,and the specification of auxiliary measures.The form of testimonial collection should be standardized;testimonial review needs to be verified between evidence,and attention should also be paid to the identification of testimonial sources,testimonial formation methods,testimonial formation time,testimonial content,etc.Correction of faulty evidence should be allowed;administrative punishment and criminal punishment should be determined according to different degrees of harm,and the defender’s evidence-gathering behavior should be relaxed to a limited extent.In addition,it also puts forward four perfect suggestions around the four aspects such as witness appearance,witness protection,truthful testimony guarantee and electronic testimony.