论隐蔽作证制度-诉讼法学专业论文.docxVIP

II II Abstract Anonymous witness use the way of hide from view of the face, and change the voice of the witness, let the witness to testify in a relatively secluded environment, in order to avoid body, property and other retaliations. This testify way have the characteristics of relative secret, protection of pre-and applicable economic and other characteristics, the system can protect the witnesses’ body and property safety effectively, and promote witnesses testify in court. Begin in the 1970s, many countries accepted and established anonymous witness system, the system initially apply to the cases of rape children and women, and then being applicable to all types of criminal cases gradually, and formed its applicable objects, the scope of the case, applicable conditions, procedures, and supporting measures, played an important role of protect the safety of witnesses, prompt witnesses testify in court. China established this system in the new round of the Criminal Procedure Law’s modify, the system is conducive to protect the witnesses’ body and property safety, and in favor of achieveing the system of force witnesses to testify in court, prompt the witnesses to testify in court; it is conducive to reduce the application of the written testimony, achieve the defendant’s cross-examination right, to achieve the fair trial; and the system fit for the witnesses traditional psychological of shame v. , tired v. and the the status quo of our country’s society of human sympathy, it is conducive to the establishment of the society of witnesses; and the running costs of the system fit for our country’s national conditions, it is conducive to its implementation. The author considers that the system’s effectively run faces the obstacles from the three organs of the public security, procuratorial, court and lawyers, and the system itself also has some shortcomings, as its applicable objects, the scope of the case, applicable conditions is not comprehensive enough and reasonabl