On The Examination Of Witnesses In Court In Criminal Cases

witnesses in court investigation is an important part of criminal trial court of witness poll,conducted mainly in the form of questions asking party completed by questioning the witness testimony of witnesses and cross-examination of proof activities specified in the current criminal procedure law court witness in court investigation system based on the functions and powers doctrine,and at the same time more fully the prosecuting and defending parties in the questions right and the right of dissent against violations of asking the right configuration mode of judicial practice,there exists a fause investigation into the court of the witness problem such as hollow,difficult to achieve the purpose of find out the case facts,more to push on trial implementation Therefore,the main content of this paper is divided into five parts:in the first part,the current relevant legal norms of the witness court investigation carries on the analysis to the court of trial witnesses survey system consists of multiple query mode,including narrative and authority to ask the question and answer combination of witness confrontation under the influence of functions and powers doctrine,ask authority is most common in forensic investigations,is also the most important way of asking for court investigation of efficient and orderly,the specification set the rules of the court to investigate and objection system,at the same time set to testify the auxiliary system,including the related evidence and protective to appear in court.The second part,collected cases of criminal witness to appear in court,to find that the court in the judicial practice problems from the perspective of the case information of collection and interaction in the under the command of the presiding judge round the prosecuting and defending parties asked the situation,the most common authority to ask the court trial party survey occupies the important status of the special tribunal investigating ways to part of the witness protection mode of hidden testify also got certain applicable in general court investigation of order is more harmonious.The third part,the witness in court investigation of the defects in the system and cause analysis of current files centralism has negative effect on the fact finding process,the defendant on three sides there is a different level of court to investigate negative mentality,and the pattern of court investigation under the functions and powers doctrine,dominated by trial party out of case handling efficiency and pressure requirements,expect to fully complete the prosecuting and defending parties in court investigation was tried hard to accept However,due to the lack of witnesses in court cases,the prosecution and defense parties lack of experience in conducting court investigation on witnesses,which also leads to the situation that there are no questions or questions of low quality,or even questions in violation of the rules,when conducting court investigation on witnessesThe fourth part,on the basis of the foregoing and foreign experience in rule of law,the author puts forward the idea of improving the court investigation system of witnesses in court.Secondly,it is necessary to improve the way of inquiry and establish complete rules of inquiry objection,so as to make the inquiry process more orderly and efficient.Thirdly,it is necessary to strengthen the connection between the investigation procedures of various evidence courts.The court investigation of witnesses should not be isolated from the process of finding facts.Finally,we should construct and perfect the court investigation system for special witnesses and set up the special court investigation mode for special witnesses,so as to make the court investigation system more complete and perfect.