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Witness Testifying System Of Ethical Analysis

Posted on:2012-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2166330338957563Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness testifying system is one of the most important evidence system, is one of the key issues of judicial reform as well, scholars devoted lots of enthusiasm to it. However, most studies limited to a single perspective of law. As a result, it limits our thinking about legitimate and reasonable of the system. Law has a natural ethical attributes. So, it is necessary and possible to analyze our country's witness testifying system by the dual perspective of law and ethics. There are varied ethical dimension for the witness testifying system, embodied in the conscience guardian of the witness, the moral requirement for the process of the testimony, the rule of integrity for the behavior of the witness and the impartiality design for the system. However, our current witness testifying system lacked a ethical thinking and a ethical discrimination, there was not to analyze it through the ethical principle and to seek its initial system state. There are many deficiencies for the current system. As a result, in our judicial practice, it leads to a phenomenon for witnesses do not want to testify in court. There are many reason for this phenomenon, such as to humanistic care inadequate, to moral requirement lack, to the rights and obligations uneven. Therefore, to improve our system, first of all, need to learn western countries'legislative experience. What's more, need to excavate the system itself theoretical basis, only in this way, can we explore out the more humanity, more moral and more fair the system.
Keywords/Search Tags:witness, witness testifying system, ethics, moral
PDF Full Text Request
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