Legal analysis: observers in the first instance cannot be witnesses in the second instance. According to the relevant laws, witnesses can't participate in the audit, because after the witness cuts and selects the specific facts of his experience according to the opinions of others, the testimony is no longer an objective reflection of the facts of the case. In order to ensure the credibility of witness testimony, avoid the inducement and suggestion of the parties and their agents ad litem, and the influence of the trial atmosphere, witnesses will be isolated and not allowed to attend the trial except during the period of testifying in court.

Legal basis: Article 9 of the Rules of Court of People's Republic of China (PRC), the people's court hears cases in public, and citizens can attend. When the seats for auditing cannot meet the needs, the people's court may audit in the order of application or by drawing lots or shaking numbers, but priority shall be given to the close relatives of the parties or other interested parties. The following persons are not allowed to attend: (1) witnesses, experts and people with special knowledge who are ready to appear in court to express their opinions; Minors who have not been approved by the people's court; (three) refused to accept the safety inspection; (4) Drunken people, mental patients or other people with abnormal mental state; (5) Other persons who may endanger court security or disturb court order. No unit or individual may organize personnel to participate in public trials that can seal criminal records according to law. Unless otherwise provided by law, no one may participate in a court hearing that is not open according to law.