On The Perfection Of Criminal Witness Protection System In China

The criminal witness protection system is an important part of the modern criminal procedure system,it is an important standard to measure whether a country's criminal justice system is sound and perfect,and it is also an important guarantee for the smooth operation of criminal proceedings.lt provides the possibility for the legitimate rights and interests of the comprehensive and effective protection of witnesses.Because of the defects of legislation and judicature,criminal witnesses are often infringed,this phenomenon has greatly shocked the enthusiasm of witness testifying,and even has seriously hindered the healthy development of criminal justice in China-Criminal witness testimony often plays an important role in case investigation and trial,so how to improve the criminal witness protection system of our country is still a topic worthy of study.Study the theoretical basis,legislative outline and basic content of our criminal witness protection system,and analyze the shortcomings of witness protection system from an empirical point of view.lt is found that these problems mainly as follows:the object of the criminal witness protection and rights scope is too narrow;provide special protection measures to witness the narrow scope of cases;division of authority duty protection is not clear;the witness protection program abstract;lack of staff of public security and judicial witness protection consciousness;no witness protection law,there is contradiction between some of the provisions of the law.The author compares the criminal witness protection system in some parts of the country from the aspects of legislation,organization,object,condition and means.Comprehensive analysis shows that the extraterritorial criminal witness protection system has some typical characteristics:establishing special witness protection laws;Witness Protection Agency responsibilities clear and specific;diversification of witness protection measures;protected subject and object broad etc.These experiences can provide reference to improve our criminal witness protection system to a certain extent.Combining the national conditions and drawing on the relevant experience abroad,we can gradually improve our criminal witness protection system from several aspects appropriately expand the scope of protection of criminal witness,that is,to enlarge the object of witness protection,to enlarge the scope of protection of interests,and to relax the appropriate types of cases for the protection of witnesses;set up special witness protection institutions within the public security organs;improve the protection of criminal witnesses,start procedures,perform,change procedures,terminate procedures;improving judicial personnel's awareness of witness protection;perfect the witness economic compensation system and construct the state compensation system;when conditions are ripe to develop special witness protection laws and so on.