On The Crime Of Obstruction To Testify

In accordance with the provisions of paragraph1of section307of the CriminalLaw of the People’s Republic of China, the prejudice to testify to the violence,threats, bribery and other methods to prevent a witness to testify to acts or instigatesothers to commit perjury. The establishment of this crime, to perform in accordancewith the law to testify as a witness to the obligation to create a favorable externalenvironment conducive to the promotion of supporting coordination of criminallegislation and relevant legal norms, help to ensure that my evidence is real andlegitimate, to promote judicial procedures carried out smoothly. However, in ourcurrent judicial practice, the obstruction of to testify behavior still occur frequently,and a serious impact on the judicial process smooth. In many cases of obstruction ofto testify, the object of obstruction of and subject to more serious violations, but it isvery easy by the mercy of the behavior, which is worth our consideration. In addition,some of the pitfalls of this crime legislation have gradually emerged, such as theprotection of the object range is too small, counts of unknown problems affectprejudice to testify to play its due effect, therefore, I believe that is necessary toresearch and analysis the crime-related issues of obstruction of testified.This article is divided into three chapters.The first chapter contains the obstruction to testify crime concept, the subjectqualification, the subjective element, objective elements. About the concept of thiscrime, I basically agree with the concept of the academic mainstream. Part of the subject qualification focuses on questions about the subject, such as criminalsuspects, the accused, etc., was eligibility or not,. It also argues that whether closerelatives should have the possibility of a penalty relief or not. The subjective elementof prejudice to testify should be directly deliberately. In which the objective elements,the author focuses on from its objects and criminal means to be discussed. Witness inthis crime should be a witness in the procedural law concept contains both know thecircumstances of the case, but have not yet become the "witness" in the judicialprocess. Criminal means, I more agree with the threat of violence, bribery and othermeans to the same time to prevent a witness to testify and instigate others to commitperjury.The second chapter discusses the problem of crime in the practice. Based onthis crime objects vulnerable to the case of obstruction of to testify Behavior, authorfrom the History, etc., for personnel within the state of mind in our country at presentto testify system analysis, discussed how to further improve to testify system, andthus more good to prevent obstruction of to testify behavior. Second, it analyzes thedefense ineffective prosecution and the defense brought about by the unequal statusof judicial practice may result in obstruction of testify behavior frequent, and expectto be able to better balance the prosecution and the defense relations between the twosides to reach litigation effect, and effectively reduce the crime occurred chance ofobstruction of to testify. This chapter discussed attribution causes prejudice to testifyas an act committed may find it difficult to trace the difficult practical issues, theimpact on the prevention of obstruction of testified the crime occurred and combatprejudice to testify.The third chapter discuss about the improvement of legislation on this crime.The current counts exist in the legislation is unknown, the object was too narrow andwith306of the Penal Code, the place of discord. In the interpretation of some of theadvanced foreign legislation on the basis of this crime legislation make clear countsto expand the scope of protection and increase the criminal fine of legislativeproposals.