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The Research Of Witness-protection In Criminal Procedure

Posted on:2006-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZouFull Text:PDF
GTID:2166360152985078Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It is an important puzzle to perplex judicial practice that the witness is unwilling or refuse to testify in the court. Many factors cause that puzzle,  and one outstanding factor is that the rights and benefits of the witness are not protected completely. The human body safety, property benefits, spirit rights and law safety of the witness usually are exposed to danger, and our law dose not supply a good " testifying  environment" to the witness. In fact, the lack of the witness-protection system seriously affects smoothy-progress of the litigant. It is the most terrible that the idea of the people in the whole society is led to the negative direction—— more concerns for selfish and less dare for justice. Facing this serious social phenomena and the general situation of the whole judicial circle of the world, we must establish a stable and perfect witness-protection system in our country. The purpose of the dissertation is to find the basic and development direction of the witness-protection system in our country , to establish a perfect law system and a harmonious "witness society" by analyzing some viewpoints and rules about the witness-protection system. The full dissertation is divided into five big sections.  Section? : The part primarily explains and analyzes some viewpoints about testifying of witness, and finds the basic of the dissertation that the witness-protects system is the inevitable request of the right and benefit of witness. Firstly, the quality of testifying of witness is an admixture of right and compulsory, and not only a kind of compulsory; Secondly, the basic of the witness-protection is an inevitable request of the rights and benefits of the witness, not an assistance to force witness to testify; Thirdly, there are not conflicts between the witness-protection system and the testifying of witness, and they can be moderated mutually.  Section Ⅱ: The part defines the " witness-protection". Different countries have different rules about witness-protection, and it is necessary to define the " witness-protection". That part tell the object, scope and subject of the witness-protection , and announce to public a clear and complete concept of "witness-protection".  Section Ⅲ:The part analyzes the theories about the witness-protection system. Firstly, telling the theories about the witness-protection system by explaining and analyzing human nature, quality of testifying of witness and balance between rights and compulsory; Secondly, it has the value of human rights, due procedures , discovering fact and evidence-protection to establish the witness-protection system ,and at last we can get the final  value to establish a harmonious "witness society "; Thirdly, examining the witness-protection system by discussing the conflict of values , the duty of protection and cost analysis that may bring some" negative effects ".  Section Ⅳ: The part compares and analyzes the witness-protection system of different countries, including the treaties and rules of UN and International Criminal Court and the rules of USA and Germany .We can find some beneficial experiences to establish our witness-protection system.  Section Ⅴ: The part puts forward the train of thoughts of establishing our witness-protection system. Firstly, analyzing the present condition of witness-protection in our country, and finding the shortages; Secondly, we should choose the most befitting system for our country ; Thirdly, discussing completely the institutional and basic frame of the witness-protect system of our country, including the law system, witness-protect organizations, objects and scope of protection; Fourthly, expatiating the process of the witness-protection system of our country; Fifthly, putting forward the suggestion of the measures of the   witness-protections system in our country, including the general protection measures and special protection ones; Sixthly, the funds guarantee of witness-protections system in our country.
Keywords/Search Tags:witness testifying, witness-protection, criminal procedure, rights of witness
PDF Full Text Request
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