| A witness is a natural person who is qualified to take part in the criminal proceedings,observe and supervise the proceedings,and testify in court to prove the legality and authenticity of the proceedings.As a system to supervise the exercise of the right of investigation,criminal witness system specifically refers to a system in which people other than investigators are present to supervise the legality and authenticity of relevant investigation activities,which reflects the openness and transparency of the procedure and also implements the concept of human rights protection.Although the Criminal Procedure Law of Our country has some provisions on the criminal witness system,there are still no clear provisions on the qualification,scope of application and specific witness procedure of the witness,which makes the system can not play its due role in practice.In order to better realize the purpose of punishing crime and protecting human rights in criminal procedure,it is necessary to supervise and restrict the right of investigation accordingly,so it is of great significance to discuss and perfect the system of criminal witness.This paper sorted out the theory and judicial practice of witness system in criminal proceedings,analyzed the theoretical problems and judicial practice problems of witness system in criminal proceedings,and studied the merits of foreign countries in criminal witness system,and combined with the reality of China.The international development situation puts forward relatively feasible suggestions for the perfection of the criminal witness system.In addition to the introduction,this paper can be divided into the following parts:The first part is an overview of the basic content of the criminal witness system.First of all,the meaning of criminal witnesses is defined in form and summarized the characteristics of criminal witnesses,and identified the concept of the witnesses related system.It is to promote procedural justice,strengthen supervision and restrictions,and strengthen human rights protection.Finally,the origin and characteristics of my country’s criminal witnesses system are introduced.The second part summarizes and arranges our country criminal procedure witness system in the legislation and judicial practice of the existence of the deficiency,and analyzes the reasons for these deficiencies.In legislation,there are some problems,such as incomplete provisions on the qualification of witnesses,unclear scope of application of witnesses,vague rights and obligations of witnesses,and lack of guarantee mechanism of witnesses.In the judicial practice,there are some difficulties such as the choice of witnesses is too random,the witness procedure is not standard,and the legal consequences of violating the witness procedure are different.The third part introduces three modes of witness system of foreign affairs litigation and its enlightenment to Our country.Based on the analysis and comparison of compulsory witness mode,free witness mode and excluded witness mode,the advantages and disadvantages of these three modes are summarized,and the beneficial experience for the development of witness system in our country is obtained.The fourth part is the improvement measures for the further improvement of witness system in criminal proceedings in Our country,from the perspective of perfecting legislation and standardizing law enforcement and judicature,in order to play a practical role in the future judicial practice. |
