Research On The Use Rules Of Criminal Testimony Transcripts

The 2012 version of PRC Criminal Procedure Law made some big changes,among which the most significant is the establishment of a mandatory Witness System.This system can reinforce the principle of oral,protect the rights of the accused to confront witnesses, strengthen the role of the prosecution and defense in the trial, and further clarify the direction of adversarial trial system reform.However,the establishment of China's forced witness system is still at an initial stage,which is for the key witness in the special case. The witness not to testify in court is still normal in our criminal justice practice.Thus,depository testimony and other written testimony are still full of trials.Part one provides an overview of depository testimony.Depository testimony is a form of testimony.Its broader concept is the written testimony.In common law, the depository testimony belongs to the category of hearsay.In civil law,It is similar to the record of inquiry witnesses.In addition,because the extension of the witness in different countries has different provisionses,extension of depository testimony also varies in different legal systems.Part two analyzes the current situation of application of depository testimony in China. When the depository testimony can be unrestricted access to the court,the judge usually presumes it has natural evidence qualification without review. When the provider of written evidence does't appear in court, prosecution and defense have to read the transcript instead of cross-examination.Which leads to judge's mental impression cannot be formed in court.This part also summarizes the reasons for using depository testimony.Not only is it related to the unsound mandatory witness system,the imperfect the system of protecting witness,but also it is contemporary token of traditional litigation culture about taking peace as the best option. However, the one-sided pursuit of entities of real purpose.pipelined litigation construction,and defendant's inequality trial structure lead to the excessive use of written testimony,which is the "root cause".Part three demonstrates the necessity to regulate the use of depository testimony. In practice, because of excessive reliance on "written",the judge may be biased to the case facts and produce a lot of wrongs.The whole trial activities may become a mere formality. In theory, based on other considerations of litigation value,using depository testimony also has certain necessity and credibility.Part four is comparative law study.On the one hand,this section demonstrates the basic ideals,macroscopic system, micro rules on the use of depository testimony in the common law and civil law.On the other hand,this part also points out the failure lesson of reform about hearsay rule in Japan and Taiwan region.From the point of specific situation in different countries (regions), limiting the use of written testimony becomes a universal trend.To cater to this trend,we should improve the litigation systems which is suited to our national conditions.The end of this article, I forward my own idea about how to regulate the use of depository testimony.First of all,reform the litigation structure,carry out the purpose of litigation; Secondly, set up specific rules to regulate the use of written testimony; Finally, perfet the related supporting system before the trial and during the process of the court.