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A Legal Reflection on the Difficulty for the Witness to Appear Before Criminal Court

Author: WangXiaoQiong
Tutor: WangJunMin
School: East China University of Politics and Law
Course: Legal
Keywords: Appear difficult Legal Thinking To testify in court Civil and Political Rights , the International Covenant on The new Code of Criminal Procedure The attendance of witnesses Citizens ' awareness of the law Reform of trial methods Prosecution and defense The success of the reform
CLC: D925.2
Type: Master's thesis
Year: 2002
Downloads: 514
Quote: 3
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Abstract

From January 1, 1997 since the implementation of the revised Criminal Procedure Law, the criminal trial mode \The functions of the prosecution and the defense, and as the axis of a series of reform. After the reform of China's criminal trial procedures have been basically has the characteristics of the adversarial system of litigation. New trial requirements as an important litigation involved in witnesses court representations testimony, to accept the judge asked the court to be able to direct perception of the witness testimony, review, to identify the authenticity of the testimony, confirmed the probative force of the testimony on the facts of the case. However, the new Code of Criminal Procedure implementation of the past five years, an important guarantee for reform to succeed as trial witness against the problems are far from solved. A large number of witnesses in the criminal justice practice not appear in court, making the trial, prosecution and defense can only each read one's own testimony. When the two sides of the same testimony of witnesses, there are distinct differences in understanding, but it can not be cross-examination, the debate in order to verify the authenticity of the judge to rely on the the evidence material transferred between the two sides, the tribunal after writing trial greatly reduced, so that the expected benefits of the reform of the trial methods . Seen that the witness not to testify in court to seriously affect the implementation of the new Code of Criminal Procedure, has become a bottleneck restricting our success of the reform of the criminal trial. Criminal witnesses appear difficult to think rationally, has a very important practical significance. This article is based on the reality of China's national conditions, in a bid based on a comparative study of the domestic and foreign Witness System in Criminal suggestion to improve our criminal Witness System change our criminal witness lt; WP = gt; court testified difficult situation. The paper is divided into four parts: the first part of this paper start from the status of criminal witnesses to testify in court, criminal attendance of witnesses difficult. I believe that the witnesses to testify difficult social reasons and legislative reasons, and more detailed discussion of these two categories of reasons, pointed out that the legislation on the root of witnesses to testify difficult. Then combined with the Criminal Procedure Law to modify the background analysis reasonable and drawbacks of witnesses to testify about the provisions of the Code of Criminal Procedure. The second part of the article discusses the significance of criminal witnesses to testify in court. Adversarial trial approach requires the implementation of of Direct Verbal principles and anecdotal evidence exclusionary rule, the witnesses to testify is the inevitable requirement of the above-mentioned principles. Witnesses to testify in court, in line with the provisions of the United Nations 'International Covenant on Civil and Political Rights \on the protection of human rights of the defendant and the victim, there is conducive to the realization of procedural fairness, the judge fully and accurately investigate the facts of the case to protect the prosecution and the defense both equal confrontation, to promote the democratization of the criminal proceedings, the open, has a very important significance. The third part of this article five countries and regions of the United Kingdom, the United States, Japan, Italy, Hong Kong system of witnesses to testify briefly introduced, and a comparative analysis of the provisions of the Criminal witnesses testify in court, looking for The similarities and differences on our reference. The fourth part of the article discusses the perfect Witness System in Criminal Reflections within the existing legal framework for the system. First of all, we must vigorously strengthen legal education, improve the legal concept of universal concept of people testify in court; Secondly, you want to give witness to their testimony obligations corresponding rights; once again, to establish and improve the protection of witnesses; Finally, To clear exceptions witness to testify in court, and improve the relevant provisions of the subpoena witnesses to testify in court, to ensure that the necessary attendance of witnesses. In short, how to improve the system of criminal witnesses to testify in court, to solve the difficult problem of attendance and testimony of witnesses, it is a complex and difficult task. Need for citizens' legal awareness of S \u0026 P lt; WP = 5 gt; over and over improve the need various supporting the establishment and improvement of the system, the need for all members of society concerned about the long-term unremitting efforts. Only from several aspects of the criminal witness to testify difficult problem analysis and research, inappropriate, please keep criticism correction.

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