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The Exploration To The Difficulty Of Witness's Appearing In Court

Posted on:2008-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The evidence plays a vital role in the criminal prosecution, and it is the important basis to investigate case and determine the punishment of criminal offender, so people pay more attention to it. As one form of evidence, witness's testimony has important value and cannot be substituted and pursued by lawsuit participants. But in the judicial practice the low rate of criminal witness's appearing in court break people's anticipation. Criminal witness's not appearing in court not only makes his lawsuit value difficult to exert but also hinders the step of judicial reform and delays the advancement of nomocracy.To the system of criminal witness's appearing in court many scholars have some profound researches, on the base of them and add to writer's attention and the consideration to the problem, the writer try to do further researches to it. Goes into the problem of criminal witness's unwilling to appear in court, we can discover that there are some factors can excuse it, such as criminal legislation's deficiency, the system's shortage of witness's compensation and protection, the reason of the judicial departments and even the social traditional culture and so on. Therefore to change the phenomenon of criminal witness's not appearing in court, we must make effort in these aspects analyzing the reasons of criminal witness's unwilling to appear in court and put forward feasible Countermeasures to alter the actuality to make more witness appear in court and play the role which his testimony should have.This thesis is divided into three major parts, the first part is the brief introduction of the concept of witness and situation witness's appearing in court, by analyzing the suitable value of witness's appearing in court to manifest its importance and provide foundation for the following. The second part introduces the present situation of witness's appearing in court by using some correlative data and analyzes the reasons for it at the same time indicates the problem of the system of witness's appearing in court. The goal to indicate and analyze question is to resolve question. The last part of the thesis put forwards some Countermeasures to the difficulty of witness's appearing in court. The writer uses many kinds of methods such as citing, illustrating, comparative analyzing and so on, to compare the law of our nation and those of foreign countries. On the basis of domestic situation, we should use foreign country's correlative legislation for reference to resolve the problem of witness's unwilling to appear in court.We believed that along with the legal system's daily consummation, the legal enforcement behavior's standardization, legal propaganda's reinforcement as well as the people's law consciousness enhancement, the difficulty of criminal witness's appearing in court will be resolved. With the cooperation of legislation and legal enforcement and legal abidance, we believe that more and more criminal witness will appear in court and contribute to point out crime and restore the social order which was destroyed. Our judicial reform will step on new stair and legal construction will obtain new achievement!...
Keywords/Search Tags:criminal witness, testimony, witness appear in court, refuse to appear in court
PDF Full Text Request
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