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The Research On Some Issues Of The Criminal Witness System

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:L M ChenFull Text:PDF
GTID:2166360242465065Subject:Law
Abstract/Summary:PDF Full Text Request
Witnesses are important to criminal procedures in lawsuits. In civil law countries, the witness means a person who state to a magistrate by his perception of the facts of the case, which does not include the parties and appraisers. In our country, the testimony of witnesses is one of the seven evidences of criminal procedures, and it plays a very important role in identifying and judging the facts of the case. Criminal witnesses must have the ability of witnesses. It includes two understandings, which are the individual sense of the ability and social significance of the witness on the witness capacity. Criminal witnesses have their own rights and obligations. There are some problems in the running of the criminal witnesses system, the main of which are the absences of witness in court, the effectiveness judgment of witnesses' testimonies and the imbalances between the prosecution and the defense. There are reasons to those problems. Witnesses do not appear in court because of a lack of legislation, the impact of traditional culture and the negative attitude of judicial officers. The problem of the witness' effectiveness judgment lies in the witness' expression. They are the factors of feeling, perceived distortion, selective attention, forgotten and social factors. The main reasons of the imbalance between prosecution and defense of the witness system are legislative reasons, the reasons for the judicial system and people's ideas. The criminal witnesses system in our country needs to be perfected. The situation that the witness does not appear in court can be perfected by following measures. The principles of "the judge and the witness must ask and answer face-to-face" should be established. The systems of witnesses' privilege, witnesses' protection and the reward of witnesses should be established. The legal responsibility of the witness to appear and provide testimony in court and its operating procedures must be clear. The correct judgment and belief of the testimony of witnesses could be improved by the establishment of the security procedures, the cross asked testimony, the testimony admissible rules and the strengthening of the comprehensive analysis to the testimony. The imbalance between the defense and the prosecution may be less by guaranteeing the counsel's right to meet relative persons and investigate and the establishment of evidence-displaying system before judging.
Keywords/Search Tags:Criminal procedures, Witnesses, Testimony of witnesses, System, Perfection
PDF Full Text Request
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