| The witness system of criminal procedure can observe and record the investigation activities of the investigation organs through the neutral third party which has nothing to do with the case,so as to break the closure of the investigation and enhance the objectivity and persuasion of the investigation results to a great extent.However,the provisions of the law are simple and careless,which leads to the fact that there is no way to abide by them in practice,that they are difficult to implement,and that they exist in name only.The protection of human rights and procedural justice is not only the basic idea emphasized by the criminal procedure law,but also the value goal we have been pursuing in the process of building the rule of law.Therefore,the criminal witness system should never be left in the "corner of no one cares",but should be further improved to play its indispensable litigation value.This paper mainly adopts comparative research method and literature analysis method,which is divided into four parts to study the witness system of criminal procedure.The first part is an overview of the witness system in criminal procedure.Starting from its concept,it analyzes the value of the system,and determines the legal position of the witness system by comparing the criminal witness with the witness,the investigator’s self testimony and the supervision function of the procuratorial organ.In the second part,through the research on the witness system of criminal procedure in other countries,it analyzes the characteristics and relevant provisions of three typical models,and concludes that the choice of witness model should be adapted to the litigation structure,the witness system should have operational procedures,and the witness system should have corresponding procedural sanctions.The third part is the analysis of the current situation and problems of the witness system in China’s criminal procedure,and summarizes some problems existing in the witness system in China.For example,in legislation,the mode of criminal witness is not clear;the scope of application of criminal witness is not unified;the subject qualification of witness is too broad;the witness procedure is not perfect.In judicial practice,the number of witnesses is not clear;the legal consequences of the lack of witnesses are not specified;the objection to witness is difficult to be accepted by the court.The fourth part is based on the previous experience and problems,from the relevant mechanism of the witness subject,the scope of application of the witness system,the witness procedure,legal responsibility,the witness appearing in court system and other aspects,puts forward some suggestions on the improvement of the witness system in China’s current criminal procedure,hoping that these suggestions can help improve the witness system in China.In the part of discussing the subject of witness,this paper analyzes whether the interested parties are qualified,and puts forward some suggestions on implementing the full-time witness system.In addition,it also puts forward the idea of using technical means to realize "cloud witness",hoping to break through the current barriers of mass witness through scientific and technological means.Through the above research and analysis,we can see that there are many problems in the system of witness in criminal procedure,whether in the system level or in the field of practice.So that the witness system not only can not play the profound value of the system itself,but also become the burden of investigators.Only by perfecting the system and guiding the judicature by legislation,can the witness system give full play to its unique function.To improve the witness system,we should first integrate the national conditions and litigation structure of our country,establish the basic mode of witness,form the framework of the system,then further refine and fill in the "flesh and blood",and finally improve the specific and operable witness system of criminal proceedings,so as to make it glow with its due glory. |
