| The basic framework for the protection of criminal witness have been established by preliminary amendment of Criminal Procedure,in 2012.It set a high value on underlining the importance of witness protection,what is a great improvement of criminal legislation.But in fact,witness protection work will not be carried out,still faces many difficulties.First,the witnesses faced the accused and judicial organs of both the stark testimony of potential expectations and pressures.Witness the actual defendant and judiciary law between the two threats,memories tend to obscure or forgotten as an excusc to escape from the dilemma of truthful statements or perjury,or simply refused to speak.Second,limited witness protection measures provided for in legislation,it is difficult to fully protect the interests of witnesses to ensure court security and testimony.Third,the legislative provisions of the public security organs of the judiciary has the obligation of witness protection,but for the specific division of labor and cooperation cohesion unknown,principle,in practice,this will inevitably lead to the judiciary buck-passing,witness protection is difficult to smoothly start.Finally,the specific details of the witness protection,and the protection team independent of the startup,application,protection measures are missing.Will inevitably lead to protection varies greatly by region,law enforcement rules and standards are not unified.Study on China’s current system of witness protection is limited to witness protection legislation of comparative study on the system of witness protection or abroad.New amendments to the criminal procedure law have witness protection legislation,some scholars also for witness-protection provisions propose legislative defects and improvement recommendations.But for the witness protection law in practice on the actual level of the problems encountered are not deep investigation and study.Through in-depth research and investigation of witness protection research at home and abroad,trying to actually run dimension to the rationality and feasibility of witness protection system,explore the retaliatory motive of the formation and implementation of the witness and found in the actual level of the judiciary running the inertia,analysis of witness protection in the implementation of specific issues that may exist.Based on the existing Socialist environment from development interests protection,establishment of an independent witness protection institutions,promote positive protection mechanisms,Special Fund for compensation and amendments to provisions on witness protection put forward constructive proposals in the five areas,improve the witness protection system and security reform steadily promoting the trial centered. |
