Research On Witnesses In Criminal System

In criminal cases, witness to testify in the People’ Court plays a determinant rule in the measurement of crime which is also irreplaceable in the punishment of criminal and the protection of human rights.The Judge in the criminal cases is not the direct witness. In the trial process of cases, the judge will restore the case mainly depending on the suspect’s confession and the witness’ s attendance at the court, so the witness’ appearance is self-evident. However, witness to testify in the court always troubles the legal workers. Although the witness testifies, there will exist many problems to make the judge can’t restore the case, and then convict and sentence actually, which makes against the punishment of criminal and the protection of human rights.For all reasons, the Criminal Procedure Law in 2012 makes new provisions on the witness to testify, which has a greater progress than that before. It involves in the range of the witness to testify in the court, the protection of the witness and compulsory measures, and their economic guarantee. However, as a new breakthrough, there exists some shortage. This article will rise up some reasonable proposals to promote the institution of the witness to testify, which is analyzed reasons according to the data of the criminal trials from W, X, Y courts in first half year. It also combines the existing laws to explore the change of rate of appearance before and after in court.Except introduction and conclusion, there are three parts in the main article.The first part: The general condition and features of witness to testify in the court which is based on the status of witness presenting at court in W, Y and Z from the first half year of 2009 to 2014. It lays foundation for problems and reasons of witness’ appearance at court. It also provides actual reference for the witness to testify in the court.The second part: The existed problem and analyzed reasons during the witness to testify in the court. The writer collects cases from the court, carries out questionnaire surveys and then summarizes the problems of witness’ appearance at court via the talking with office salaries of Security Bureau, the Procuratorate and the Court.The third part: The completed concrete measures of witness to testify in the court. On the basis of analyzed and surveyed data, writer brings up relevant measures of the witness to the court via the present problems and reasons, which mainly include strengthening citizens’ legal consciousness, clearing the scope of the judge, expanding the right of testifying of witness’ relatives, setting up basic occupations of the right of witness to testify, forcing the improvement of legislation of the witness to testify, setting up specialized agency to protect witness, establishing protection system before the court, raising procedures of economic compensation, and building award system for witness to testify.