A Study on Protection of Witness
|School||Huazhong University of Science and Technology|
|Keywords||witness protection witness’rights and interests Human rights protection System construction|
The witness is criminal lawsuit activity of important participant, witness testimony during the lawsuit activity is the most widely used and common forms of evidence, to find the truth of the case, to ensure the lawsuit activity and achieve judicial justice is of great significance. At the same time, the witness to our current ongoing trial system reform, also has the extremely vital significance. It is based on the witnesses, witnesses and the testimony of witnesses in litigation of this kind of irreplaceable position, according to the country to set the citizens.However in the judicial practice in China, the witness testified, dare not testify particularly is undisputable fact. According to relevant data shows, in our country, the witness of the three proceedings in the court, but not more than 5% rate of criminal case court rate lower courts in decision-making, the witness before. The trails, especially not testify to the country is strongly for female anti-growth narrative“model”brings a lot of negative effects. As for the credibility of the witness’s testimony, the realization of the right of justice and the case is put forward reasonable doubt, also hit the criminal, to maintain social stability and security, more serious is the case in stem and improve will endanger our judge reform the achievement.We analyzed the witness testified not carefully, especially not testify, can find many of the deep reasons behind it. This one is witness system of laws is not clear, in traditional Chinese society and culture show lawsuit, but the influence of the root causes for the author thinks or judicial practice bad witness protection status. Witnesses to the result is often requires even lose the cost of life. According to the“economic man hypothesis”principle, the witness in will ensure his personal safety and achieve judicial justice, how to balance the begged them to choose the latter?Therefore, to fundamentally change our witness the important position in the action of rights and interests protection and the imbalance of the serious situation, we must improve the witness protection system. This paper will analyzes witness protection and the necessity of value, other countries in the world on the witness protection legislation and practice in China, the legislation present situation and the reasons, China’s relevant defects and the basic principles of the protected witness and contents and related system establishment and the consummation thorough discussion:First, this paper discusses the necessity of the protected witness, value and significance, especially for the witness protection value and meaning are analyzed.Second, other countries in the world on the witness protection legislation and the important enlightenment to China.Third, our current situation about the witness protection legislation in our country, points out the defects, and analyzes the reasons of these problems.Fourth, to witness protection system proposed tentative ideas. Respectively discussed the basic principle of the witness protection system, and then its basic contents launched.Fifth, the relevant witness protection system and relevant problems that should be paid attention to, and discussed the all-around for judicial protection.