Font Size: a A A

The Testimony Of Witnesses In Criminal Theory And Practice Of Research

Posted on:2010-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:R LiuFull Text:PDF
GTID:2166330302956110Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This paper started with the basic concept of criminal witness and witness testimony, combined with the general theory of competency of evidence, by studying the theory and juridical practice about competency of evidence of the criminal witness and the credibility of the witness testimony, exploring the status of the witness testimony at home and abroad by constant comparative method, rationally discuss the problems in witness testimony of china, and also give the relevant suggestions according to the research, finally give the specific idea of improving the system. The whole passage divided into four parts.Part I defined and described the basic concept of witness and witness testimony in criminal proceedings. Introduce the concept of witness and witness testimony in two law system countries. The analysis shows the scope of the witness and the concept of witness and the position of witness testimony in our country, and then discusses the actionable value of the witness testimony in criminal action. This part is the premise and basis for the flowing three parts.Part II writing about the credibility of the witness testimony. Through the analysis about the concept of the credibility of the witness testimony and the reliability of the witness testimony, arrived at the conclusion that by the use of testimony form a psychological analysis, testified motive analysis, correlation analysis, comparative analysis, and the minutes of analysis in conjunction, Can be achieved in practice in criminal proceedings to determine the reliability of the testimony of witness for best results.Part III analysis on the force characteristics of the witness testimony in proof, and propose that the proof of the witness testimony was mainly affected by the conduct and capability, the relevance of the testimony, and the way that witness testimony is offered in. At the same time the paper presented the construction of the rules about the proof of witness testimony.Part IV examined the existing problems in the testimony of witness in criminal trials of China's criminal witness testimony, then put forward a sound systems and procedures for specific ideas, which is a core part of this paper. First of all, this chapter analysis the current situation of the low rate of assessment, examine the witness not to testify and the causes of the harm, based on the reality that there are many shortcomings in the witness system and Chinese actual situation, the paper proposed some concrete ideas about the measures to solve the difficulty of witness to testify in court. Then, through the analysis of the direct words principles and the Cross-examination rule exclusionary rule against hearsay of foreign countries, plus Anglo-American legal systems of the model of cross-examination, in combination gave their cross-examination of China's existing rules and models to analyze the testimony of witness come to our country cross-examination system gave their problems. Finally, advising the perfect cross-examination of China's criminal procedure concept.Concluded raise almost all cases reveal the truth are dependent on the testimony of witness, and will repeatedly appear in all stages of criminal proceedings, the uncertainty so that its probative force is also subject to debate. Both in theoretical circles or in judicial practice, affect the power of the testimony of witness to prove the strength of a series of questions in each concern. Facts of the case is only one truth and never will reproduce, but improve the legal, optimize the system so that the testimony of witness should be evidence of ability to play and prove force, was able to gradually close to the real case.
Keywords/Search Tags:witness, witness testimony, competency of evidence, power of testimony, cross-examination proceedings
PDF Full Text Request
Related items