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On The Criminal Witness Protection System

Posted on:2009-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:S L YuFull Text:PDF
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The three major procedural laws currently practiced in China clearly require witnesses to testify in court. But in judicial practice, the rate of witnesses appearance is very low. This has become a constraining factor of trial reform in China's judicial system, even the entire reform. In order to solve this problem drastically, we must strengthen the protection of witness. Empirical studies show that strengthening the protection of witnesses is of extremely practical significance by promoting the virtuous circle of witness testimony, protecting their legitimate rights and interests and combating various crimes, safeguarding justice, judicial authority. By applying empirical analysis, comparative analysis of economic analysis and synthesis methods, this article expatiates how to improve China's criminal witness protection system.Apart from the introduction and conclusion, this paper is divided into six chapters.ChaptersⅠandⅡcomparatively study the basis of the criminal witness protection system and the concept of elements of this system.ChapterⅢsets out the theoretical basis of criminal witness protection system from six aspects: human rights protection, procedural justice, the principle of direct language, the principle of judgment based on proof, judicial and public prosecution.ChapterⅣstudies the criminal witness protection in other countries, as well as in Hong Kong and Taiwan, trying to trace its origin, development trajectory and the latest developments.ChapterⅤfocuses on China's criminal witness protection system, summing up the valuable efforts to figure out methods of protecting witnesses while touching its main defects. The defects studied from the perspective of legislation can be listed as follows: the protection of the institutions is set too broadly and simply; the scope covering the protected objects is not wide enough; the protection of the witness' property and interests is neglected; the means of protection is limited mainly to the provisions of accountability, no priority is given to the prevention; specific and feasible procedural requirements is lacking; there's no mechanisms going behind the inadequate witness protection; there's no proper balance between the witness protection and lawyers' investigation and evidence collection; the scope of the release on bail and house arrest is not broad enough; the witnesses confidential system is not perfect; the provisions between different kinds of laws is inconsistent with loopholes existing. The justice flaw is the following: public security and judicial organs have a weak sense of the witness protection; the methods to protect witness is single; investment in justice is inadequate; there's no powerful measures safeguarding the legitimate rights and interests of the witness.Using successful international experience and research at home and abroad for reference, ChapterⅥdescribes the system of legislation mode to improve the witness protection system in China from the legislative and judicial aspects. Justice administration includes establishing concept of witness protection, witness protection in the guiding ideology. We must carry out the principle of "Offensive and Defensive Functions, with prevention as the priority", establishing a wide range of witness protection mechanisms, setting up sound fund-ensuing mechanism, intensifying the attack on the illegal activities against the legitimate rights and interests of witnesses. Our public security authority and judicial organs must fully perform their functions, establish a strong, powerful social system to protect witnesses, update their thinking and exert great efforts to explore new working methods.
Keywords/Search Tags:criminal witness protection system, theoretical basis, overseas inspection, the current legal system, perfecting ideas
PDF Full Text Request
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