Delayed in appearance of witnesses in criminal pro -

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Delayed in appearance of witnesses in criminal proceedings to explore the social causes

Delayed in appearance of witnesses in criminal proceedings to explore the social causes

[Abstract] In considering whether further changes in the criminal justice system issues, the witness has become an important factor in the problem. To further improve our criminal legislation, this paper from the Discussion. First, the attendance of witnesses in criminal proceedings of the status of the revised investigations, debates, court ascertaining the facts, confirmed guilt. In order to implement the when they accepted the judge's inquiry, so the court can directly review the witness testifying, perception, memory, expression, and reasonable objective and subjective factors to determine the impact on witnesses, to identify the authenticity of the testimony. But now access to the court from the summary of the information, witnesses the situation is very worrying, even if it took a few witnesses appearing before the investigators reluctantly persuaded to appear in court again. The police informed the Public Security Bureau for questioning witnesses, but witnesses will generally arrive on time, honest for questioning. The hands of the police and prosecutors because of mandatory power, enough to make any citizen was deterrence, and can be used to force a variety of ways to make this a reality. Witness problems plagued the judiciary to become a major problem, in fact it makes the trial court judge to the prosecutor files for the evolution of the written record or oral examination: In most cases, the witnesses not to testify, the judge of witness other words, the evidence permits the official investigation, prosecution is limited to excerpts and read the transcripts of recorded files, especially if the defendant made a statement in court. But this statement, if recorded with the record to contradict the prosecution, the judge still file a statement in the record as the main basis for the referee. This way of writing the trial court a mere formality is the key factor that hinders the obstacles to reform criminal justice system. [1] (P6) Second, the social factors affect the implementation of the system is to witness the most powerful confounding factor. Cause witnesses many reasons for the unsatisfactory situation, the social causes of this area only from the analysis as follows: (a) a witness for the reality of its own security concerns and give up on the legal obligations of the commitment. In the analysis of democracy, the rule of law, we usually think that the citizens pay taxes should first be used to provide security and order - two individuals are not able to produce (individuals and countries, security and order in the production of two products basically no cost advantage) of public goods. But our country has faced since the founding of historical reality is that poor and weak countries, all trades to be undertaken, foreign reactionary forces and continuously suppressed and threatening our country; after the Third Plenum, the Party established a economic development as the guiding ideology of the center, most of the central government tax revenue into the socialist economic construction to go, so that the chronic shortage of investment in the judiciary, constraints to provide security and order of their production capacity. Shortage among the citizens under the cover of social security products on the public to enjoy de facto inequality, they are more equal within all levels of the distribution is unequal between the level of supply. Not very different cadres enjoy the same level of public goods, but comparing them to their superiors, subordinates, or between the ordinary people, they enjoyed the protection of security and order is different. A job, has more people with real power to ensure the safety of public goods and services and the like, and the general public in the same time fulfill all tax obligations, but had a variety of reasonable and unreasonable or unlawful, not lawful to protect themselves. In reality, in the face of major cases, more senior leaders of the obligations, has the responsibility to testify to the general public to do demonstrations, a leading role. However, corruption, corruption cases, few provincial and municipal leaders to testify. These acts of the general public has a strong psychological hint effect. Even the best officials are protected by scruples and not to testify, let alone the general public it? Therefore, the law does not provide to the public consistent with effective legal protection, the personal best solution is to play it safe, less a non-staining. This situation is game theory in the , and then through the existing social system, culture of natural selection, reached the final of individual rational choice. This is the reluctant witnesses to testify, there's a psychological universal. Witness testimony and written in different forms, he has to face the accused to confirm or disclose the fact that the defendant's crime, more direct way of expression, feeling more like himself in court testimony and increased the penalties for the defendant, the defendant was so worried that would subsequently retaliate against their relatives. Especially with the nature of the crime, gang violence, and some victims with the courage to public security organs are not reported, let alone in court to testify. responsibility, serious enough for criminal punishment, public security administration shall be punished. declaratory within the scope of protection, the expense of witnesses and the property in advance of preventive protection of witnesses and their families once retaliation, causing damage, whether it is prosecuted for criminal liability or given administrative penalties, which the witnesses and their families to said, not help, From this level to consider the legal nature of the witnesses rationality to be greatly reduced, so how can we mobilize the consciousness of witnesses, enthusiasm, initiative it? (B) of the China Millennium accumulated in the human society secular forces like a giant invisible hand, relying on the social and psychological inertia in the way of the behavior of witnesses to testify in court. It seriously interferes with the rational decision of witnesses, from all levels of real-life profoundly restrict the behavior of the witness testimony. Mr. Fei Xiaotong, ripples from one of the most central location is its own, the nearest circle is parents, brothers, and then further their relatives and friends, seq on, until the furthest away from their own circle. Everyone is a stone, all live in their own circles. His circle of people who only trust, support, time for people outside the circle wary; the circle of people follow the same rules (generally accepted by Chinese people and promote ethical standards), and he trusted assistance. It is more a legal system rather than relying on the protection of human relationships in life with. Often the case in criminal cases are: the witness and the defendant is a fellow, colleagues, neighbors, friends, relatives or interested party, usually harmonious relationship between close contacts, so they confirm in writing that the defendant is accused of crime has They now have to prove in court, it is impossible. Some witnesses have also been accused and their close relatives, who accused the benefits of sympathy or gratitude psychology, afraid to go to court to testify. Some witnesses for the defendant's crime involved certain, so they did not dare to testify in court. Invasion of a long habits to our thinking, forming a So, for the use of human reason process). Through critical thinking to get independence, so we can advance with the times, his ideas into the existing social system, culture to form a conscious act in accordance with new concepts, new trend. But China is also currently in the social transition in a long time, in the new socialist market economy has not been established model of social relations, most Chinese still rely on the continuation of long-lived social relationships. If the order to testify and the destruction of this beautiful harmony, the result is often the relationship between the witness and life of the original break. Witnesses from the old lifestyle, but also can not enter a new life, he's just waiting for the old and new long-term hovering between life. Who then to protect the rights of witnesses? Appropriate legal remedies for them? Corresponding moral encouragement for them? This is the Witnesses have become the witnesses, because he owned and mastered by others who need to know about the circumstances of the case, it is because people do not know, this information has the scarcity, scarcity is the real world we live value the origin of produce; precisely because the needs of others, with the value of such information by the testimony of the witness has the attributes of goods. And that the information will be different because of the intensity of need, along with corresponding fluctuations in the value of form. In China, the intrinsic value of the witness to be called the public sense of morality and a strong sense of mission submerged, diluted, in the name of our law enforcement people to give up the enjoyment of the legitimate interests, to serve the cause of justice without compensation This concept in itself is not fair, does not meet the building of a socialist market economy with Chinese characteristics and laws of development which emphasizes the inherent value of significance. Witnesses not only have no interest in the economic mechanism on the driven, but not given due compensation. Its loss, such as car travel, loss of working time can be the actual fees are considered. Particularly for those who travel long distances to give evidence for a long time, the number of witnesses is more and more is not a small loss. However, there is a lack of witnesses to give financial aid package of measures, many witnesses to testify as a burden, fear of affecting the result of testifying their economic income. (D) a poor sense of witness testimony. In real life, many witnesses that the punishment of crime is to expose the judiciary duties in their own awareness of them, do not participate too; also the view that the investigation stage, the public security organs and the prosecution record their testimony, They have fulfilled the obligation to testify is not necessary to cross-examination in court and the defendant. Some witnesses even after the receipt of the notice to appear, did not know that the court told them to do, but dare not for fear of court. On the other hand, our democracy and the rule of law, the Enlightenment period is too short, citizens have no experience of centuries of living environment for the accumulation of the rule of law, there is no a priori form of the law piety. The piety of the law has a double meaning: First, the theoretical inner obtained authenticated sure, and second, the life lessons learned by the individual derived an unshakable confidence in the law. Discussed above applies equally to the problem of witnesses to testify lazy. First, we derived from the piety of the law on the legal obligations we have a clear commitment, not an excuse to obey the law in the inevitable weaknesses of human nature to avoid it; but the legislation is unknown, contradictory and difficult to achieve inner confident citizens. 1, China's , or just do not appear to provide witness testimony to the judiciary, there is no explicit requirement. At the same time, 157 listen to the public prosecutor, the parties and counsel, legal representative of the views. staff will make their statements read out in court transcripts of way. Witnesses are free to choose the circumstances, likely to cause the phenomenon does not testify. Code of Criminal Procedure on the witness of the legislation is too simple, the way of witnesses, to testify in court procedures, rules, testimony of the effectiveness of the exercise of the right to cross-examination only in principle, the provisions of Deng Jun, but not the specific content. Therefore, judicial practice is not easy to grasp, there is inevitably arbitrary operation, but also to those who want to testify at a loss. 2, witness rights, obligations, responsibilities in the articles on the imbalance. Rights and obligations consistent with the principles of our Constitution, citizens can not only enjoy the right to not fulfill their obligations, nor shall their obligations not only to enjoy the rights and breach of duty must take some responsibility. Witnesses in criminal proceedings to give evidence to fulfill obligations stipulated by law, liable for perjury or conceal evidence of the responsibility, so they should be entitled to certain rights. But 96 years of Criminal Procedure, the witness rights, obligations, responsibilities are seriously unbalanced. In: (1) imbalance of rights and obligations of witnesses. 96 years of article 48 of the Criminal Procedure Law clearly stipulates the obligations of witnesses to testify, but does not specify the obligations of witnesses in the performance of what should also be entitled to specific rights. This allows the witness to testify in court, we must also bear the personal risk, this blatantly unfair,[link widoczny dla zalogowanych], dampened the enthusiasm of witnesses. (2) the obligations and responsibilities of witnesses out of touch. 96 Criminal Procedure Law provides that civic duty to testify, but witnesses refused to testify, but did not bear any legal liability provisions, subject to the penalties, there is no provision for Testifying what measures can be taken, it is the witness refused to When testifying in court, no worries. Second, the experience of social life and experience the interpersonal communication through the media to obtain the attendance of witnesses on the case, it is difficult to let the public satisfied with the general public is difficult to obtain from the relevant legal system and court personnel unshakable confidence. Part due to the current quality of judicial staff did not own up to the level required by the current Criminal Procedure Law came up, not fully aware of the importance of witnesses, that since the testimony of witnesses has been reflected in the volume and let the witness is superfluous, formalism. So they are witnesses in the implementation of the system, to adopt negative coping approach. Low pay and long-term independence of the judiciary is not completely affected the judicial staff loyalty to the cause of justice for the masses of the deep sympathy and understanding, but mechanically in accordance with the procedures prescribed by law to inform the witnesses appear in court. As for the witness to appear, what the difficulties, to not care. During the hearing, the witness did not appear in court on the case, cross-examination only when going through the motions, pro forma, when the defendant and defense counsel in court to challenge the testimony of witnesses when they turn a blind eye, a direct result of defendants and witnesses of the witnesses the meaning and testimony have fundamental beliefs shaken. Witnesses withdrew by the loyalty of the law, all judicial officers of this stereotype, and the uncooperative attitude of mistrust, which restricted the action potential witnesses. All the above are based on the author of the Criminal procedure over a long period of thinking, such thinking is only proposed issues and propose solutions to problems no, way, may be incomplete, but it is based on a wealth of life experience, Facing Reality, courageous thinking.

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