A Study On The Perfection Of The Criminal Witness Protection System

Witnesses testify important evidence in criminal proceedings in China.Witnesses play an indispensable role in the criminal proceedings.However,in recent years,in China's judicial practice,cases of retaliation against witnesses have become commonplace.This has led to criminal witnesses' reluctance to testify in a panic-stricken manner and the low court appearance rate,which has seriously hindered the reform and administration of justice in China's judicial system.process.Tracing the source,these problems are mainly caused by the imperfection of the criminal witness protection system in our country.Looking at many countries outside the domain,the issue of criminal witness protection system has been explored and improved.The United States,Britain,Japan,and South Africa have all formed a relatively complete system of witness protection,and the judicial practice has obvious results.With China's increasing emphasis on human rights,China has begun to pay attention to the witness protection.The "Criminal Procedure Law" added many articles on the protection of criminal witnesses in 2012,but it is still not specific and detailed.It is only a matter of principle.The regulations still show many problems in judicial practice.This article will study how to improve our country's formal witness protection system based on our country's specific national conditions and judicial practice.The first part summarizes the witness and witness protection system,and compares the system of witness protection between the Anglo-American law system and the civil law system of the country,and positions the system of witness protection in China.The second part discusses the legislative status quo and judicial status of the witness protection system in China.Through case analysis,it can be seen that the protection of criminal witnesses in China is too principled in terms of legislation.In judicial practice,there are issues of witnesses being retaliated against and court appearances being low.However,our country is constantly exploring and improving this issue.The third part addresses our country's current situation regarding the protection of criminal witnesses in our country in this regard.It mainly includes unwritten statute laws,narrow witness protection targets,imperfect protection measures,and lack of specific protection procedures.The fourth part proposes the concept of the protection of the criminal witnessprotection system in China against the problems existing in theprotection of witnesses in China.Based on the national conditions of our country and the advanced experience of countries outside the region,we put forward sound suggestions for the protection of criminal witnesses in our country.