A Study On Operational Issues Of The System Of Witness Testifying In Court In Criminal Procedure

Criminal Procedure Law of the PRC 2012 has reformed the system of witness testifying in court,and established the main legal framework of the system.However,as is revealed in implementation of the new Criminal Procedure Law in recent years,we haven’t seen the expected tangible improvements that are supposed to come about as a result of the legislative intent of the strengthening of the system,and the court appearance rate of witness has not changed significantly,remaining at a very low level.Based on the provisions of the system of the witness testifying in court and combined with the practice,this thesis has analysized the possible reasons of failure of the system of the witness testifying in court,and thus put forward the corresponding proposals and countermeasures,so as to achieve the expected results and the essence of the trial.This thesis is divided into three parts to illustrate the operational issues of the system of witness testifying in court in criminal procedure:The first part introduces the main content of the system of the witness testifying in court,including the scope of witness testifying in court,the safeguard mechanisms and the legal consequences of witness not testifying in court.In addition,it has described the status quo of the system after the implementation of Criminal Procedure Law of the PRC 2012.The second part emphatically analyzes the possible reasons of failure of the system.It is the legislative plight,the deep impact of "Notes Centrism",and other reasons such as the limited judicial resources,the unspecialized judges and prosecutors,witnesses’ fear of litigation and the traditional culture of "Reconciliation" that has carried on the detailed argumentation to the issues,from the close to the distant and from the elementary to the profound.The third part puts forward the corresponding countermeasures focusing on "Trail Centralism" based on the problems existing in the system.It is recommended that we should consummate the corresponding legislation under the premise of improving the relevant legislation,strengthen the division of criminal procedure,review the reform of judges and prosecutors and allow the people to participate in the administration of justice,so as to ensure the effective implementation of the system of witness testifying in court and truly realize the entity just value and procedure just value of witness testifying in court.