Abstract:
At present, there are many shortcomings in the provisions of China's criminal procedure law and criminal law regarding the protection of witnesses. The subject of compulsory protection is defective, and the protection of the personal safety is emphasized, but the protection of property rights and other legitimate rights and interests of the witnesses and their relatives, and the lack of practical and operable clauses are neglected. The criminal law is divorced from the criminal procedure law on the protection object, and there is a lack of adaptation of crime and punishmen. So, the system of criminal witness protection should be rebuilt, especially in terms of expanding the subjects of the protection of the criminal witness, the scope of the protection and the measures for the protection of criminal witnesses. Those who are suspected of retaliation against witness crimes and who commit other criminal offences shall be punished according to the principle "Choose a felony to execute". Prior protection for witnesses is more important than ex post facto protection. Detailed rules for the protection of witnesses should be established as soon as possible.