A Criminal Defendant To Pledge And Its Implementation

Criminal defendants the right to confront security is an important symbol ofmodern criminal proceedings， it can not only avoid the occurrence of miscarriagesof justice， but also contribute to the defendant’s conviction accurate and impartialsentencing. Around the world， the pledge right as a basic right of the defendant hastranscended the difference of legal system and litigation structure， has been tocountries around the world generally accepted and recognition， and some countrieswill be the defendant to the pledgee rose to the height of the constitution， as set forthin the constitution. For the study of the pledgee， the present status of theoreticalresearch and the key is to protect the defendant by a variety of forms， all-round forthe realization of the pledge right， for example， including establishing theconfrontation of court before the meeting， the witness to appear in court to testify，restrict the use of written testimony and other ways， by comparing the above form，the author thinks that the most direct and effective way is to witness to testify， thedefendant and unfavorable witnesses implementation face-to-face directconfrontation， is the best way to guarantee the defendant to pledge to realize. Basedon this，this article focused on based on the research of the witnesses related issues toensure the implementation of the defendant to the pledgee. The article is divided intosix parts， from the relevant theories of the pledgee， the pledgee with China criminallawsuit， to pledge to implement the basis of preparation， to the pledgee， thepledgee realizing the key and the realization of the pledge right safeguard six aspectsof the study， in order to realize the defendant to the pledgee.The first chapter is the general theory of pledge. This chapter firstly introducesthe concept of pledge and analyses its content， as after day to the pledgee and thehearsay rule， to the pledgee and the principle of direct relationship laid a foundation. In order to more fully introduce the related knowledge of pledge right， this chapteralso introduces the origin， development stage for pledge， clarify the developmentvein of pledge. In addition， the pledgee is important from the pledgee’s legitimatebasis， theoretical foundation and lawsuit value are analyzed.The second chapter is to pledge with the Chinese criminal lawsuit. This chapteris divided into four sections， the first section mainly expounds the pledge right in ourcountry the status quo， from the legislative， judicial level to describe the pledgee’sin our country， and carried on the thorough analysis about the present situation of thepledgee to our country. The second section expounds the necessity of to establish topledge in China， respectively， from the perspective of the defendant and the trialand the state on the role of the pledgee is analyzed. The third section analyzes theestablishment of pledge right in our country are faced with the difficult and the pledgeright in our country to establish favorable conditions. The defendant to the pledgeesystem to establish and perfect the need to actively cooperate with the parties， thelast section from the Angle of the witnesses to appear in court，improve the system ofcriminal witness to testify to witness to testify and guarantee for the realization of thepledge right， the author puts forward trying to clear the scope of the witness toappear in court， perfecting the witnesses to appear in court the relevant procedureand strengthen the witness protection and rights and interests of the witnesses toappear in court， in the way of compensation guarantees the realization of criminaldefendants to pledge.The third chapter discusses from the scope of the criminal witness to testify. Thescope of the witness to appear in court is a prerequisite for the defendant to thepledgee are realized. This chapter first introduces the witness， the witnessqualification， as well as the provisions of the qualification of witness to testify in ourcountry， etc， make us one of the condition of the witness and the court shouldsatisfy general knowledge. New points to the provisions of the scope of the witness toappear in court in our country have a great progress than before， but it’s not hard tofind， after careful analysis to the extent of testifying the witness our country law is very fuzzy， gives too much discretion in the judicial practice. The author thinks thatthis law to do further revision and improvement of refining the content of thecriterions for the conviction， in the legal conditions make it stronger operability inthe judicial practice， to guide the judicial practice， otherwise the consequences canbe only to amend the clause on the shelf， impairment of legal authority. Shall， inaddition， for some special witnesses shall have the right to refuse to testify orobjective reasons not to appear in court， including the criminal witnesses shall enjoythe right of refusal card， can’t don’t have to appear in court to testify and witnesses totestify this three kinds of situations.The fourth chapter mainly construct application process of the witness to appearin court. This chapter first of criminal witness procedure before court has carried onthe related theory is introduced， mainly including the witness to appear in court inthe application process， decision procedures， to testify the way， the witness toappear in court the dissent procedure， evidence open system， and the witness toappear in court notice procedures six aspects of the witnesses testify in courtapplication process has carried on the concrete construction.The fifth chapter is on the criminal witness to appear in court to testify theapplication discussed in this paper. First introduces the procedural matters of criminalwitness to testify， main is to draw lessons from foreign witness swore program. Thenintroduces the cross-examination procedure of criminal witness the cross-examinationis the key content of this chapter，the author from the cross-examination procedure ofcriminal witness， rules of cross-examination， cross-examination of the supportingsystem of cross-examination of the relevant contents and to discuss， proposedconsummates our country to witness in the trial of cross-examination， protect therelevant rights and interests of witnesses to testify.The sixth chapter for the security system of criminal witness to testify. Thewitness protection is a timeless topic， also is an important point of study the witnessproblems. Study the witness problems，must consider the witnesses related rights andinterests safeguard. New points revised terms also involves the content part of witness rights protection. This chapter first to know about the regulation of our country thewitness rights to read and comment， finally put forward from two aspects of thewitness rights and compensation mechanism related to security system of perfectingour country’s criminal witness.