In the current judicial practice, that the criminal witness does not appear in court to testify the question has affected the judicature fairness and the social justice.

In the process of criminal lawsuit reform in China,it is always an unavoidable question as to whether witnesses should appear in court.

The prosecutors should pay attention to the strategies and the rules of relativity,anti-abduction,anti-composition,and non-tentative when appear in court and interrogate the accused.

In view of the embarrassing present situation of the low rate of witnesses of both parties in civil suits appearing in court, the schools of juridical theory and practice have carried out the countermeasures in order to solve such a problem.

Therefore,giving evidence in court is not only a law problem but also a social problem in China.

From consideration of substantial worth, the witness giving evidence in court can ensure the reality of evidence, adapt to the modern reformation requirement of justice system.

the building-up of the system in chinese is confronted with resistance of supporting system about witness appearing in court,openings of evidence,lawyer s advocacy and independent judgement and so on.

In civil action,the low ratio of witness appearing in court is a sticking point that always puzzles Chinese civil action s judicial proceeding.

Being a tradition of international justice and a general principle, the system of a witness appearing in court helps improve the mode of adjudication, find substantive authenticity, maintain procedural justice and safeguard litigant s procedural rights.