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Research On The System Of Criminal Witness Protection

Posted on:2006-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:C Q WuFull Text:PDF
GTID:2166360155463670Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The witness plays a crucial role in the modern criminal justice system. Without the support of the witness, the criminal justice system can not be work. The criminals always carry out assault or reprisal on the witness or the victims due to their own benefits or angry in order to prevent the potential witness from offering clues, or witness from giving evidence. The witness is vulnerable because of the strain or anxiety while they are giving evidence. In one word, to be a witness is always unsafe. Thus, it is a universal phenomenon that the witness sometimes will not to testify or perjury. so, how to protect the witness is very important.It is important, therefore, to acknowledge the insecurity and vulnerability of witnesses generally, while recognising that certain witnesses may be particularly in need of protective measures. There are many researches on the vulnerability of witnesses and witness intimidation. On the base of those fruits the system of criminal witness protection comes into being and develop rapidly.The system of witness protection comes forth in American in the 60's of twenty century. Later, many nations and regions, such as, the England, Germany, Philippines, South Africa, Taiwan, Hong Kong, draw up the witness' protective and specialized laws. The importance of protection witness is also gradual to reach the consensus in international society.We can find the law provision of witness protection in the constitution law, criminal law, criminal procedural law, and the management and punish regulation of public order. It is good enough to set up the basic frame of witness protection. But, itis too fundamental, lack the maneuverability, and is hard to protect the witness actually.To further perfect the criminal procedural law needs to grow the positive testimony ecosystem. Among them, the perfection of the system of witness protection is the key step. Therefore, it is necessary to draw lessons from the foreign witness protection system and combine our country's actuality to perfect the system of witness protection in our country. In a word, we need to establish the special witness protection organization, perfect the object, measures, procedure of witness protection, etc.
Keywords/Search Tags:witness, victim, witness intimidation, vulnerable witness, witness protection
PDF Full Text Request
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