付鸣剑 度的现状及立法构想（Pay status and legislation of Mingjian）.docVIP

付鸣剑 度的现状及立法构想（Pay status and legislation of Mingjian） Fu Mingjian (presiding judge of Li Zhuang case): present situation and legislative conception of criminal witness testifying system in our country Published time: 2010-1-3 19:39:00 reading times: 156 The judge is the presiding judge of Li Zhuang case, specially reproduced this article. Fu Mingjian: present situation and legislative conception of criminal witness testifying system in our country - modern law, Vol. twenty-second, October 2000, issue fifth Catalog I. The present situation of criminal witness testifying system Two, the legislative conception of criminal witness system Three. References Content summary Witness testimony is one of the required evidence in the criminal procedure law of our country. It is an important means used to find out the facts of the case, disclose and verify the crime, and guarantee the innocence of the criminal. It not only requires the witness to reflect the facts of the case truthfully, but also requires the witnesses to express it in a certain form. At present, in our judicial practice, witness testimony usually adopts written testimony, but the written testimony lacks authenticity and has little credibility. It reflects the facts of the case unilaterally and can not provide more protection for the openness, impartiality and transparency of the case review process. To some extent, it is not conducive to the proceeding of the lawsuit and can not guarantee the legitimate rights and interests of both parties. In order to find out the case and ensure judicial justice, the witness must appear in court to testify, and the prosecution and defense style of trial also requires the witness to testify in court, which is beneficial to both sides of the witness to testify the testimony of the witness. The present situation of witness appearing in court in our country is not optimistic. It is often used in the form of written testimony instead of witnesses to testify in court. The reasons