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Research On The System Of Criminal Witness Appears In Court In China

Posted on:2008-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2166360242471141Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The issue that the witness appears in the court to testify is a hot issue and also a difficult one. Up till now, there hasn't been an independent evidence law that deals with the evidence in a lawsuit. On one hand, all evidence systems in existence on evidence belong to the three major procedural law codes and relevant judicial explanation. Relatively speaking, the legislation of the evidence law and the development of the theory in western countries are developed, and on the other hand, there are some theses in the judicial field that attempt the empirical. studies on the current state of the witnesses appearing in the court to testify, hence, the feasibility of the research on the systems on the criminal witnesses appearing in the court. The research on the ? value of the systems of the criminal witnesses appearing in the court is firstly approached in this thesis. On the basis of the systems that ensures the witness could appear in the court, the methodology of empirical study in sociology is adopted in the thesis to study the status quo of the witnesses appearing in the court to testify, furthermore, the combination of the systems of the criminal witness appearing in the court to testify and the other systems ensures the successful implement of the system.Firstly, the thesis approached the systems on the criminals appearing in the court on the theoretical level, then the in-depth analysis of the status quo of the systems on the criminal witnesses appearing in the court is attempted. At last, on the basis the analysis of the systems that ensure the criminal witnesses appear in the court, the main effective measures to improve the system is put forward.The main problem in the present way that the criminal witnesses appear in the court lies in the low rate of the appearance, which results from the drawbacks in legislative and judicial system and also the society. After the analysis of the cause of the problem and the advanced systems in foreign countries, some effective measures that ensure the criminal witnesses appear in the court are proposed with the aim of establishing the law systems that regularize and ensure the appearance of the criminal witnesses in the court. Some ideas on the improvement of the relevant procedures are also provided to optimize the social structure and to change the public's attitudes towards giving evidence in the court to improve the current difficult state of appearing in court.
Keywords/Search Tags:legal value, criminal witness, appearance, witness rights and interests
PDF Full Text Request
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