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Construction Of The System Of Our Immunity Of Stain Witness

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:S LinFull Text:PDF
GTID:2166360305472668Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Immunity of witness, the system is set up as the offset rules of the right to silence, namely for those stain witnesses who will cooperate with the prosecution authorities and agree to give up right to silence, prosecution authorities on behalf of state exempt the crimes of tainted witnesses according to law, or not to pursue the crimes involved in the testimony of witnesses. Against Corruption and Bribery. The system embodies the fairness, efficiency, trade-offs and other legal values, which have a reference significance in solving many problems in our country.System of the immunity of witness, as a concept borrowed from abroad, has been studied in some theoretical circles, but rarely are involved in our practice areas. However, it doesn't mean that it can be seen as a low value and excluded from that in our country. And in dealing with human social relations, people who may base on human nature, interests and even the occasional factors even if the distant horizon will face the same or similar confusion. So the establishment of any system is for the purpose of solving such problems, which is just like a tool, making reference system has practical significance. It's necessary and feasible to establish the System of Immunity of Stain Witness in our country by referring to related foreign laws. Both China's current legal system adaptability and the social psychology of public entirely accept the system.This dissertation is divided into five parts. The first part is to elaborate the system of immunity of witness, the concept and its nature, and to clarify the characteristics and differences between it and similar concepts. The second part is to analyze the legal value of the system, and to show that the system is reasonable by illustrating the efficiency, fairness, trade-offs. In the third part, the necessity and feasibility of setting up this system is demonstrated according to our laws, humanities and social features. The ideas and reasons of the relevant regulations are illustrated in the fourth part. The last part is about the corresponding set of auxiliary system according to China's specific national conditions.
Keywords/Search Tags:Stain Witness, Immunity of Stain Witness, transactional immunity, informal immunity or pocket immunity
PDF Full Text Request
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