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The Research Of China's Criminal Witness System

Posted on:2010-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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The new criminal procedural law promulgated after our country's criminal procedure, China to speed up criminal proceedings and the process of international standards, means the court from "Inquisitorial" to "adversarial" change.In the process of transformation, the pursuit of justice is an important aspect is asked the witness testifies, accept direct equal the cross-examination, to cross-examination fully about the truth of cases, timely, accurately, the crime of justice. But in the real criminal lawsuit practice, court records becomes the norm read testimony of witnesses.Lower the witnesses to appear in court, resulting in a large number of transcripts of witness testimony to be used in court, the prosecution and the defense to cross-examine the two sides unable to judge its accuracy can not be sure, only through the court after the marking, the investigation to be identified. As a kind of flow caused by trial, a serious violation of the right to cross-examine the prosecution and the defense of both the right and differentiation, so that it is dangerous if the case backflow trial.Witness the low rate for many reasons, including economic, social and psychological aspects, but more important, is our country's legislation and judicial system is not perfect, etc. Response to the above, In this paper, witnesses from the criminal proceedings and its significance; low attendance of witnesses and against reason; At the same time, learn from some of the world's advanced countries for a number of witnesses of good design of the system on the basis of to strengthen the Witness Protection System in China and improve the direct witnesses to testify in criminal proceedings of the legislative and judicial proposals to achieve true justice is to ensure the success of the reform of China's criminal proceedings. This paper includes the following four parts: The first part, Introduction to a number of systems to testify in court of the criminal witness. Including, what is the witness, The witness is refers to the past experience of concrete facts to report the experience of the court, is an important lawsuit participates in a person. what is the testimony of witnesses,The witness's testimony is true cases to know the people, to the investigators of the relevant case part or all of the facts. and the qualifications of a witness. The witness, in China, also known as the witness, it is a potential solution to the testimony of witnesses are eligible to provide the problem.The second part, the value of witnesses in criminal. This section of the multinational system of criminal witnesses, the proof of criminal witnesses the many advantages of the system, with profound theoretical and practical value.first, The criminal was a witness is the inherent requirement of oral evidence directly, criminal witness, the testimony of witnesses of the accused and the defended directly accept both cross-examination, cross-examination, helps to carry out directly to the judge, oral evidence rules of direct contact with the evidence. Second is the witness of criminal cases, to find truth, is the true meaning of life. Based on the direct inquiries, criminal witnesses to the case facts, that is the value of real entity.and the last,is criminal witness to safeguard the defendant's rights, and procedural justice has value. The criminal witness to safeguard the defendant's right and the right to defend, ensure the equal equal opportunity and participate in litigation rights to the defendant, to realize the guarantee of human rights.The third part is about the status of China's criminal witnesses, analysis of hazards and the status . In this part ,we have a bief intrudoction for the reason that our criminal witness is not willing to appear status. analyzed in detail on the witnesses to appear in court, the low rate of damage is done profound analysis, generally speaking, the witness to appear not reason is various, First, from the legislation, the legal provisions on the defect, for the witness testifies does not provide an excuse, Witness the rights and obligations of the imbalance in the witnesses to appear in court, the quantity, the low rate of court, Witness the lack of economic compensation system, The witnesses to appear in court forced the lack of legal system, The witnesses to appear in court and the lack of protection system, The witness "rejected" certificate of lack of legal system, Investigators testifies the lack of legal system in legislation, these are the reasons for the witness testified escape duty provides an excuse. Secondly, the judicial reasons, both in written and witness testimony prosecutor testimony consistent worry and increase the difficulty of the trial accused, also have the judge of the efficiency of lawsuit and the consideration of stroppy trial. Finally, to witness itself, traditional culture and the legal consciousness, the imperfect system, lack of economic compensation system, and also affects the enthusiasm of witness.And the fourth part, improve our criminal system to build a number of witnesses to testify in court. First, to define the witness of lattice. Determine the witness, the judicial officer meaning as the witness, cancel the lattice unit as a witness of the law. Second, our witness system of criminal legislation. Includes the following aspects: first, is to establish the direct oral evidence rules. All the words in the court must have evidence of the accused and the defended by both directly and ask questions, just as the final. Second, is to establish the forced witness system. The law does not agree to make unified regulation, is not in conformity with legal provisions refused to testify the witness enforcement measures, to punish. Third, is to establish the witness protection system. Clear the witness protection, to set up a special witness protection organization, implementation of the witness protection of all. Forth, is the witness's compensation system. To set up a special fund and statutory obligations of the witness to testify to economic compensation. Fifth, is the witness's sworn court system. Put a witness testimony to prevent the problem and repeatedly. Sixth, is the witness's free system certificate. In order to maintain social stability, of family ethics. seventh, is the establishment conforms to our country criminal police testifies system. The police testifies to achieve judicial justice, better safeguard human rights, to prevent illegal evidence, the violence of the evidence. Secondly, the judicial practice, emphasize the judges and the prosecutor to improve understanding of criminal witness, judicial organs closely, mutual support witness. Finally, to strengthen the publicity of laws, improve citizen, legal consciousness of citizen witness testified to honor certificate and the social atmosphere, shame "establish extensive and close the witness protection system, ensure the lawsuit activity smoothly.
Keywords/Search Tags:The criminal witness, Testifying, Judicial justice, Human rights
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