He Weifang: the criminal justice system is not particularly optimistic

The rate of appearance of witnesses is less than 5%   

     Then we have a look the whole of our criminal system, now look, criminal justice lets the human not particularly optimistic, is a system of evidence of this, the law of evidence. Our witnesses to testify in court. We know that criminal justice, one of the most attractive place is to put the truth of the case to the white in the world in the court, the experienced lawyer, experienced judges, in the face of a witness in front of, or being asked a defendant, how could you let him speak the truth, rather than tell lies.

   Between true and false,... There are two kinds of lies, a lie is know to be false, but still lie; another false is the passage of time, time is long, his memory disorder, sometimes we have such a life experience, sometimes as if you cannot remember things, or things that is reversed, the you should distinguish between these two kinds of lies. How to distinguish in court. For example, a man describes one thing well, he said Is it right? Can truly meet his identity, for instance he suddenly say some people feel very strange words, and his life experiences, such words are not easy to occur, you know there are two kinds of dialect words, a a regional dialect, a professor at our school of law, administrative law expert of famous ginger teacher, Professor Jiang Mingan, what he said is Hunan Miluo dialects, but also is a village dialect. He in Changsha to give lectures, Changsha friends often don't understand. Our undergraduate students need a years time, slowly can understand about 30%. He told the criminal law, say ah, have a speech,"A wife two husband", ah? A wife two husbands, and the students are very nervous, what does this mean? A wife by her two husband? Ginger teacher how about marriage? Talk talk, then he is very excited, he walked to the front of you, the more you don't know him the more anxious, foaming at the mouth out. Then the students will umbrella lectures (laughter), couldn't understand what he was saying, a wife two husband, what does this mean. Later, the teacher, wrote on the blackboard, we take a look at this what word. On the blackboard know later"An enterprise two accounts". (the scene laughter a)

   You said the Beijing life for so many years, Professor Jiang Mingan is the Premier Li Keqiang classmates, so to Beijing for so many years, to the present Hunan dialect of Miluo is really too stubborn. Then this dialect is a regional dialect. In addition a dialect called industry of dialect. Because we learn different professional, our language is not the same, we often say that some of the terminology, you'll find out is really do not particularly like. We talk, also describe the present building, an architect and a physicist, and a jurist, we see is not the same thing. Architects see is the design aspects of perception, physicists see is mechanical, law school to see is the construction process has no corruption. If a person in court the process, there are some very strange, special jargon, special dialect, then you have to carefully ask, what he Is it right? Others to tell him so?

   We also know that, Chinese saying,"I listen to the sound", then we have to look at his face, we see his eyes, why America lawyers often go to the witnesses to say, Mr. Jiang Haisong, please look in my eyes and answer, yes or no? Jiang teacher, that he should lie in court, he really does not dare to face the lawyer's overbearing eyes, a kind of glamour that's court. I think the best lawyer place is on the spot to expose an elaborate lie, the perjury. Of course, sometimes to testify in court is not an easy thing.

   The low appearance rate of witness in China accounted for only less than 5%

   We have experienced many, some witnesses of reprisal. Especially Chinese such a many places is the local society, if their neighbors crime was to see, oh, you want to court to testify. Oh, this thing particularly awkward, especially. You know you have to give evidence in court means, because you testify and the other was punished. A jail term of 5 years, 5 years out, oh, Qingdao near the Shandong Rizhao has appeared a, this guy 5 years later, when the testimony of a woman and her son both kill, then the witness is revenge, of course he must be punished more severely.

   But how can we protect the witness? Our lawsuit jurists often put forward some very interesting suggestions, for example we want to learn how to learn USA, America? For example, raising the compensation standards of witnesses, give them the money. Oh, you don't give the money was to so much resentment, you give him the money, then I think there will be more. Someone should send the police protection in the doorway, you say so many police, your costs will be higher dimensional stability. Americans are said to be cosmetic, (the scene laughter) key cases of witnesses to testify in court, the man disappeared, was a facelift. I say that every year our country so many criminal cases, the plastic, the people of the whole country...America 5 years the whole circle, the people who did not know who, that terrible. This USA is in very special circumstances, how does that do? I think we consider is, the country may witness appearing in court is often encounter some risk, because we do not appear in court to take a laissez faire attitude to witness, you are willing to come, is not willing to come down. Now the witness appear low to what extent, this is really something disturbing. The witness appearing in court in criminal cases shall appear in actual accounted for less than 5% of the.

    Procuratorate threat control witness witness

    The vast majority are not appear in court, typical like Li Zhuang case in Chongqing, the first phase of the trial, his lawyer asked Li Zhuanghe 8 witnesses must testify in court. Ouch, involves 8 witnesses have 7 people in detention. Responsible for the trial judge Fu Mingjian, presiding judge is paid, he is the master of law Southwest University of Political Science and Law graduation, and then do the judges in Jiangbei District People's court, he presided over the trial of the case. The judge should pay replied, witnesses are not willing to testify in court. My God! Where our law that the witness to appear on the court, not willing to appear in court will not appear in court, and judge Fu Mingjian master thesis titled "demonstrates the necessity of appearing in court to testify" (applause.). The last witnesses do not appear in court. To the second instance of the witness's appearance, including that the key witness, Li Zhuang is revealed that Mr Gong Gangmo, who originally commissioned Li Zhuang to defend him. Mr. Gong Gangmo is on the court, you find in court, day! What he said "can't know", do not know, do not understand, I don't understand, but the words out. I don't understand me, don't speak mandarin. He does not speak Mandarin, oh, the lawyer asked him what, he said don't understand. There is not in fact a week previously, he accepted the central television station reporter speak with fervour and assurance of Mandarin, the defendant or witnesses to the court into a not to talk, what all don't say. Oh, we now know, now was exposed, related to persons, including Gong Gangmo himself said that the Public Security Bureau, before that we trained for two weeks. The training, how to deal with the lawyer in court, what what is not said, that a witness this court is still no solution to the problem.

    We can see the evidence law problems China, a serious problem is, our witnesses not to scale, there are some cases may involve the Procuratorate's power problem, also is the procuratorate actually control the witness, the witness threat, not allow witnesses to testify in court. Because the witness, there may be a charge for the procuratorate carefully constructed, finally the problems.