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Non-Appearance of the Phenomenon of Criminal Witness

Author: WangJin
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: Criminal Witness Testify Not to testify The right to cross-examination The right to force the evidenc
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 111
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Abstract


The testimony of witnesses in criminal proceedings play a vital role in almost every case must be by means of it. An eminent jurist in accordance with the Soviet Union·Jan·Vischinski to say, the testimony of witnesses is "the oldest and the most prevalent kind of Evidence" and "expose the crimes of the most important means of truth." The testimony of witnesses and documentary evidence, physical evidence and other evidence has unique characteristics compared:relative to the documentary evidence, exhibits, audio-visual materials, it has the flexibility and ease of communication and confrontation of the characteristics; relative to the statements of victims, suspects, In terms of the defendant’s confession and justification, but also has the advantages of a relatively neutral and objective, with high reliability. Witness our current provisions of the law is too brief and general, and does not have the support of the implementation details, and thus non-operational; the same time on the physical protection of witnesses, economic compensation and sanctions and so on are not clear, resulting in a written statement instead of the testimony of witnesses Popular.Therefore, judicial practice in China The Current Situation of witnesses to testify in civil judicial practice primarily in the following several aspects:First, although the legislation provides for a witness to testify in court obligations, but in real life, witness often only by the parties to provide written testimony to the court, and notify the court when testifying in court to refuse to appear in court means refusing to testify, or although the court but does not provide the relevant testimony. Second, the non-appearance of witnesses and perjury ineffective sanctions, coupled with the parties to fraud, coercion or bribery of the way that the witness providing false testimony, the testimony repeated the phenomenon abound.However, witnesses in criminal proceedings does not appear in the more serious phenomenon, because there are criminal proceedings on behalf of the national public, the prosecution authorities to join in the proceedings arising in the course of their suspect the power of individuals to a special national public confrontation situation. In criminal proceedings, criminal suspects born weak position, causing various problems in the criminal proceedings and phenomena, making the non-appearance of witnesses in criminal proceedings the issue of China’s rule of law become the status quo and a stumbling block for the Reform of the trial.Therefore, I believe that regulate the phenomenon of criminal witness does not appear to strengthen the appearance of witnesses obligations, need to improve the economic compensation and witness protection mechanisms for physical security, and advanced experience from abroad, while summing up our experience in criminal proceedings, in the implementation of the entry mechanisms, institution building, based on the full realization of the trial of criminal cases, witnesses give testimony in activities to ensure that the activities of a criminal case to open, just, to achieve fairness and justice.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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