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The Idea For The Establishment Of The System Of Witness Protection In China

Posted on:2008-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
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China's three major procedural laws, Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law all defined the witnesses as those who will participate in the proceedings. As one of the main rights of action in judicial practice, witnesses, whether the fulfillment of its obligation to testify, or their litigation rights of protected areas there are serious imbalances. In China's proceedings, the proportion of witnesses to testify in court is very low. It also reveals China's inadequate protection of witnesses legal status from a perspective. If you want to fundamentally reverse this embarrassing state of inadequate protection of witnesses, we need reforms from the legislative, law enforcement and so on.How to protect witness is an important task of the judiciary of the world. From the mid-20th century, the United Kingdom, the United States, Canada, Australia, South Africa, the Philippines, China's Taiwan and Hong Kong Special Administrative Region and other countries and regions have formulated a special witness protection laws. China has no specific witness protection law, only a number of corresponding protection clause in criminal law, criminal procedure law and order management Punishment Law, and other laws. These provisions constitute a basic system of witness protection in the framework and formed regulating system from the procedural law to the substantive law. From the practice of justice, however, there are more obvious flaws in witness protection system in China. This paper is going to proposed legislative ideas on perfecting China's legislative system of witness protection system, which is consisted of several parts:Part I: the definition of witnesses. By Retrospecting the definition of witness history, The thesis summarized the basic definition of the concept in ancient and modern times, outlined the differences between the Two Schools in definition of witnesses, and finally proposed the concept of the China-witnesses said. The second part: legal analysis of the state witness protection. The thesis puts the country on an obligation at the same time, witness protection is a national obligation.The third part:on the second part basis, the thesis indicates the legislative obligations defects in China's witnesses testifition.The fourth part: the thesis analyzes the status of the witness protection system, pointing out its shortcomings. And assess the situation in initiative and direction on China's practice of witness protection positively. Finally The thesis explores in depth the reasons for the witness not to testify in court from jurisprudence, Psychology, Economics, Sociology perspective.The fifth part: the establishment of a witness protection system in China the concept of the protection of witnesses from the target. The scope of witness protection cases, the specific scope of the protection of witnesses, witness protection agencies (main) implementation of the witness protection program. Witness protection of specific measures for the areas generated. Finally, in accordance with China's specific national conditions, the witness protection should be noted the limits of witness protection issues, namely: the goal should not be perfect, but should Enough is enough, in an effort to strike a balance between the rights of defendants and witness rights, and this is all the more important when issue of fundamental rights has not been accused full protection of our country.The sixth part: the establishment and perfection of the system witness relevant supporting of protection system, which mainly from the following three aspects, witnesses to testify exceptions, and establish and perfect witness to testify economic compensation system, establish a system of four witnesses to services discussed. These systems are the establishment and perfection of the system of witness protection Construction of the foundation and protection, otherwise; Construction witness protection system would become empty talk.
Keywords/Search Tags:witnesses, protection systems, legislative ideas
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