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Study Of Criminal Witness

Posted on:2011-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:H Q ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Witness testimony is often used in a criminevidence, question witnesses is an unavoidable problem. In judicial practice, the situation unsatisfactory witness, litigation activities to inform the witnesses to appear difficult, to appear in court to testify after the difficult, hard to tell the truth to appear in court after three difficult situation and the unwillingness of witnesses to appear or refuses to appear in court, witnesses, legal rights and interests of widespread lack of effective protection. In the face of this thesis, the existing witness system based on a number of defects, combined with China's actual situation and learn from foreign legislative and judicial practice of the advanced experience of the sound system of our country's criminal witness put forward the basic idea. Mainly from the following four parts are described and demonstrated.The first part of the general criminal witnesses described the system's basic, brief the concept of criminal witness, the witness qualifications and testimony of witnesses, to define the basic meaning, an overview of the discovery of the true principle, the principle of direct language, the principle of procedural justice is a criminal witness witness system theory, and from thestablishment of Adversarial trial mode, the rule of law, civic awareness, illegal evidence exclusion and other aspects of the Criminal Witness system has great significance. The second part of the Witness to testify on the analysis, through the practice of the criminal investigation of our current situation witnesses an empirical analysis of witness extremely low, and that the current status of the existing Witness defects, while causing the current legislative status of the reasons for the witness to testify in court, judicial reasons, the concept of reasons were analyzed.The third part is the system of foreign criminal witnesses were examined, through the United Kingdom, the United States, judges, Germany, Japan, the investigation of criminal witness system, its system of criminal Witness some of the important requirements and our provisions can be made a simple statement of reference.The fourth part is from the legislative point of view of Criminal Witness system was improved, mainly from the witnesses, the suitability of defining, determining the scope of court witnesses, witnesses of the exception rule, the principle of direct language, and the hearsay rule, a witness refused to Certificate privilege rules, mandatory rules of a witness to testify, witness protection rules, rules such as financial compensation witness the establishment of expounded.
Keywords/Search Tags:criminal witness, court, system, perfect vision
PDF Full Text Request
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