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On The Form Of Litigation In The Safety Of The Witness Protection

Posted on:2009-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the fight against economic crime, organized crime and drug-related crime and the constant deepening of the Second World War to strengthen the protection of human rights, security issues have become witnesses countries in the world the criminal justice system by common problems. Criminal witnesses is an important participant, whether a witness is to testify in court proceedings affect whether the activities carried out smoothly, and even the implementation of the law to the realization of justice. However, the court rarely see the shadow of witnesses, members of the society moral values are also the reasons for the behaviour reason, the main reason is the safety of the witness are not well protected. Safety of witnesses refusing to testify in a "bottleneck." China, however, the law does not specifically witness protection legislation does not require perfect witness protection measures, encountered the need to protect the witnesses not really responsible departments, nor are witnesses for the realization of justice and the price to be paid compensation. Practice of witness intimidation is increasingly showing a diverse, is more subtle means, to conventional means of evidence and testimony approach is not conducive to investigate the cases of crime and the punishment of criminal suspects, is not conducive to the protection of human rights and even witnesses affect the smooth progress of the proceedings, the law less than the value of fairness and justice embodied. China's witness security situation is particularly worrisome, China's criminal law and procedural law on the safety and protection of witnesses provisions are too general and can not be carried out. On security considerations as the main reason for refusals of the witness, as demonstrated by: the legislative level, no rule to follow, not a complete witness protection legislation; practical level, a witness security problems did not receive adequate attention. Some countries have security protection to witnesses, had several decades of exploration, and has accumulated rich experience in the protection of witnesses, many countries have enacted a special witness protection laws. Therefore, from the advanced experience, and explore effective witness protection system in the fight against crime, the protection of human rights is of decisive significance. We can see from the specialized system of witness protection law, the establishment of specialized institutions for the protection of witnesses and other measures aimed at a different stage of development of different measures of protection.This paper uses standardized analysis and the analysis of the case study method in China's Criminal Procedure discussed the safety of the witness protection issues. In this paper, what is the witness in criminal proceedings, as well as security and protection for witnesses start with cases, witnesses discussed the safety and protection of reasons, my witness security protection system deficiencies and witness security protection system and the development of related issues. At the same time, the length of this paper on how to improve China's Criminal Procedure in the safety of the witness protection measures for a more detailed analysis on using the comparative method to the analysis of the methods and norms, the foreign advanced in the witness protection measures from the foundation put forward concrete measures.
Keywords/Search Tags:Witness protection, Witness intimidation, Status Quo, Perfect
PDF Full Text Request
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