Criminal proceedings, I see compelling witnesses to testify

Abstract: The author based on years of experience in the prosecution system work, that witnesses do not testify of our justice a major problem, forcing witnesses to testify whether the works have been in our academic and judicial debate and research focus One of the problems. there have been a number of experts and scholars have pointed out: compelling witnesses to testify in court. In fact, compulsory attendance of witnesses and lack of basic traditional legal culture, the current situation of social support, and does not meet the rights and obligations consistent with the principles and illegal evidence exclusionary rule, and does not conform to the requirements of the Law of evidence. The witnesses for the force is a very big obstacle.

Keywords: Criminal coercive measures in question to testify

Criminal activities in the course of the trial, the witness did not testify problem in China's justice system is a major problem. This problem, whether it is legal theorists or practitioners believe that most of the introduction of a compulsory attendance of witnesses should be Laws and regulations . As everyone knows, which went into "Law universal" theory of the lost cycle, even the Law will be defined as social tools, "If a people do not want to testify, the day also took master him (her) no way; require witnesses to testify stArt a utopian color, did not consider specific operational issues, which is 'one more bold, to how much production', in exactly the same mentality, and even motivation is the same. "① force witnesses to testify in the current China is no theoretical basis, and it is unlikely to be achieved. the specific reasons detailed below it.

First, to testify in court against the Chinese principle of general life
Suppose a witness in court cases forced to make the obligation to testify truthfully, in fact, to force witnesses to testify is also very simple: a big deal for the legislature to hold a meeting to develop a <<method of compelling witnesses to appear>> to get away In fact, witnesses not only a legal issue, it is a social problem. "② and witnesses likely to witness a near relative of the witness himself or bring some safety risks.

Second, force witnesses to testify against the Chinese legal and cultural traditions
Chinese culture can be called "and" culture, Chinese society is not a typical immigrant community social acquaintances. "Everything is precious," "harmoniously", "and family and everything, and" is inherent in the traditional virtues We consciously or unconsciously, in the form of a deformity of the "moderate" way, we believe in self-preservation, Tolerance concessions, and more-less attitude, etc. The court, to testify in court is bound to undermine the "harmony harmony with people," the interpersonal, social order on a solid, good interpersonal impact and destruction.

Third, the right to force witnesses to testify against the principle of consistency with the obligations
Assume an obligation of witnesses to testify, the rights and obligations under the principle of consistency, then the corresponding rights and obligations where it? Therefore, it should ensure the safety of the witness, the witness must give the right to financial compensation, etc. However, China's status quo?
First, inadequate measures to protect the personal safety of witnesses so that witnesses can not testify in court. China <<Criminal Procedure>> Article 49 states: the People's Court, People's Procuratorate and the public security organs shall guarantee the safety of witnesses and their close relatives, but , the range of witnesses and the need to protect witnesses of the range is not clear, the witness protection agency is not clear, the specific implementation of witness protection procedures and measures, without detailed requirements.

Second, loss of property compensation measures for witnesses so that witnesses can not testify imperfect. Witnesses, which means the direct or indirect subject to certain economic losses. Therefore, the national public authorities to provide the necessary travel and accommodation costs and conditions, and delay of work and its compensation is a matter of course.

Fourth, related to thinking
First, whether experts or scholars in the treatment of the witness did not testify on this issue, mainly overlooked a very important factor, that is the most fundamental of all systems is based on people, a community has formed the basic social ethics and moral, is very obedient only to follow the general human nature or activities of daily living standards, and with the general social ethics and social morality coincide, it is possible to successfully implement.

Second, we imagine: to force witnesses to testify, so that he genuinely had nothing to do with the proceedings to give evidence and testify in court and the defendant may be a direct confrontation and conflict has arisen, and will need control the confrontation and asked both pArties, this is a bit unlikely for thousands of years, with China's NPC are living in a variety of "human" woven into the network. If we disregard the country's existing national sentiment and mainstream social psychology, whether people forced to testify how strong psychological resistance and force the citizens to testify in court blindly, it will inevitably encounter such a dilemma: "In the social order created by Law, while actually undermining of law and social harmony cohesion. "③ author's opinion, culture and cultural traditions no better or worse, China's reluctance to testify in court that it must be better than the Western culture of individualism that the supremacy of culture bad? not necessarily. Just as some scholars have said, "We in the development of a legal system, the system must be full of social and ethical considerations and basic care, we must have to ask the moral legitimacy of the system itself, because the legal order of society ultimately depends on conscious individuals to follow, and so willingly, to a large extent on the moral values ​​must come from the individual identity of the law, it is difficult to imagine a moral exclusion laws, the people will be universally followed. "④ Share on free download http://www.hi138.com
Third, we emphasize a basic civil law principle that law is not a difficult one, although civil and Criminal Dafa represent two typical two legal systems, but as a law, even as a social system, the basic idea is the same, Here, the basic idea is that the law can not deny human nature, rather than simply to pursue a verdict of history will not repeat. all the sciences, human science is based.

Fourth, and perhaps some scholars would say that other countries may provide compelling witnesses to testify in court, why not? We want to transform our citizens! In fact, the reason for such regulations in Western countries, because people believe the law, just as they believe in God and Allah, this is not the simple years, decades or even centuries can develop, which is a nation's spiritual core, no copy, only genetic. Socrates died for the law, something like this happening in the West, in the interpretation of the spirit of the law of Western nations, but also in shaping the national spirit of the law.

References:
(1 Suli. Send France to the countryside - China's grassroots judicial system, Beijing: China University of Political Science Publishing Society .2000 167.

(2 CHEN Rui-hua, visible justice. Beijing: China Legal Publishing House .2000.102-103.

(3 letter Chunying. The rule of law limitations. Read the book 1999 (1).

(4 Hu Bing Xia, why force the witness to testify - and on improving our system of witnesses to testify, the basic idea. Law Review 2002 (3) of .111.

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