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Witness To Testify In Court

Posted on:2012-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The witness is important to participate in criminal activities, criminal activities of people for the smooth progress of great significance in the world, most of the countries and regions, in the trial, the facts of the case to give testimony of witnesses must personally appear in court to the jury members to say what they saw and heard, but witnesses are not required of mandatory requirement, the majority of cases witnesses are required to use the testimony of witnesses instead, whether in our witness to testify China key to reform court system is adversarial to inquisitorial very important step in the reform, however, for various reasons in our country of the witness not to testify become common practice, in the current criminal trial, witnesses rate very low. According to some localized information with the judge, witnesses to court rate of no more than 5%. That is, most, or even most witnesses could not testify, even if the court issued a notice to appear can also be abandoned, the evidence must be in court through cross-examination, only after investigation is true, as the basis for decision. Therefore, the cross-examination is the center of activity throughout the trial, while the most widely used, is one of the most common evidence of the witness testimony is. Although our law provides for the obligations of witnesses to testify, but in practice a large number of witnesses did not appear in court, and the widespread use of the testimony of witnesses to come forward, witnesses do not testify in criminal trials that have long plagued the problem has not been effective solution to this situation involving a number of reasons, including witness"tired of complaints"and"evil v."psychological deep-rooted sense of law, and regardless of their own affairs, is to avoid the obligations they should, for the obligation to avoid testifying witnesses, although our law is very clear, but because of lack of obligations shall be liable for breach of mandatory provisions, resulting in the witness ignored this obligation, to escape the escape, can not escape the written testimony instead of testifying in court, which also because in the course of the trial of written testimony can be applied instead of the negative consequences of the testimony of witnesses. Of course, a strong sense of responsibility of citizens, also in order to maintain the authority of law, fairness and justice, his own safety, the courage to testify, but witnesses of their rights because of neglect, but also because of the existence of witnesses to testify suffered financial compensation is not in place, leading to the enthusiasm of witnesses is not high, but an important reason why China can not ignore the lack of effective witness protection measures, because the testimony of witnesses will inevitably suffer property damage, personal injury or even However, the legislation of the very general, on the witness protection system of compensation and lack of maneuverability, so the appearance of witnesses for the criminal proceedings the case was not high, in order to improve the appearance rate of the witnesses, this witness on relevant foreign system of research and I have now provided on a comparative study of the witnesses, sought to put forward some useful suggestions, in the promotion of our witnesses to to court, and reduce the worries of witnesses to make some of my contribution, in view of this, this article from the improvement of legislation perspective, economic perspective, the Protection System of witnesses, especially witnesses and the personal property of the relevant aspects of the line of protection, some of the recommendations put forward their own, hoping to enrich the witnesses of theoretical research, for China's criminal witness the field of protection of the rights to provide practical recommendations for improving legislation, judicial practice of China's successful resolution of criminal witnesses, humble dedication.
Keywords/Search Tags:witness, to testify in court, rights protection, financial compensation, personal safety protection
PDF Full Text Request
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