Abstract: Since the revised penal code in 1996,seen were many problems and defects in the operation of the system of the appearing by the criminal witnesses,resulting in the worries and doubts at large on the rationality of the system.The low rate of the courting-appearing by the penal witnesses became one of the serious problems.Now,it is necessary,since the revision has become a focus of attention and an item on the agenda up to now,for us to build up a reasonable and comprehensive system of appearing-in-court by penal witness,so that to raise the rate of the appearing and to maintain the justice of the criminal try.