On China's Criminal Witnesses The Improvement Of The System

Witness' testimony is one of most extensive and widespread evidence applied in the criminal litigation, so it is the most important meaning that the system of appearing in court as witness in criminal case. Revised criminal procedure law in our country revises the system of appearing in court as criminal witness, and improves it. This plays the positive role in carrying on criminal litigation smoothly. The rate of appearing in court as witness in criminal case is still low at present in our country. There is a lot of written witness' testimony in judicial process. It only makes both parties read out written testimony each other by themselves. When they understand the same testimony differently, they can't check it by inquiring witness and arguing. The judge also can't find out the truth of the case by inquiring alternately in the court. It causes that the result of the case is short of public credibility. The research object of this thesis is the system of appearing in court as criminal witness. First of all, the thesis analyses the meaning of appearing in court as criminal witness and explains the important function to realize substantial and procedure justice and defend judicial powers that our country sets up the system of appearing in court as criminal witness. Then the thesis analyses the present condition of the system of appearing in court as criminal witness by means of listing legal articles and citing practical data. It seeks the reason of the low rate of appearing in court as criminal witness in legislation, judicature, institution and society. On the basis of using the mature systems of appearing in court as witness in foreigns for reference, this thesis offers appropriate suggestions that improve the system of appearing in court as criminal witness in our country from legal awareness, legislation and judicature so that the system can ensure the fair trial of criminal case more effectively.