| The witness system of criminal procedure is used as an important system in the criminal investigation stage.Its legislative provisions are not exhaustive.It is mainly used in the rules of procedure of the Criminal Procedure and Interpretation of the Superme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China and Rules of Criminal Procedure of the People’s Procuratorate,Provisions on Procedures for Public Security Organs Handling Criminal Cases and Rules for On-site Investigation and Inspection of Criminal Cases by Public Security Organs.Study on the relevant legislation of criminal witness in China.It can be concluded that the current system in China’s legislation mainly from the following deficiencies:The scope of application of the criminal witness system is unclear.There are no detailed provisions on the subject qualification,litigation status,rights and obligations of witnesses.There is no provision for the legal effect of criminal witness.Legal liability such as the signature of a witness.In the judicial practice,the defect of the system is obvious.Under the influence of the traditional legal culture of“Attaching importance to the entity,neglecting the procedure”.The application of witness in judicial practice has not been taken seriously.For example,it is not standard for the investigative organs to carry out witness procedure.It is quite arbitrary for investigators to invite witnesses.The People’s Court is divided on the legal effect of the investigation record.Based on the above questions,This article mainly from the following four aspects of China’s criminal procedure witness system.The first part discusses the theoretical basis of the witness system in criminal proceedings.Such as the study of the significance of the witness system in criminal proceedings,value Basis and the role of witness in criminal procedure.The second part mainly discusses the problems existing in the legislation and judicial practice of the witness in criminal proceedings in China.And the reason for the problem.The third part classifies and compares the three witness models of the countries outside the region.(Mandatory witness mode,arbitrary witness model and exclusive witness model)Thus obtains to our country’s enlightenment.The fourth part is based on the analysis of the above three problems,questions raised in part two,Combined with extraterritorial research experience,puts forward some suggestions on the improvement of the witness system of criminal procedure in China. |
