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Research On The Confirmation Of Witness Qualification

Posted on:2011-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiuFull Text:PDF
GTID:2166360308453802Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness is the most important participant in the criminal suit, on which almost all criminal cases depend, in the process of settlement. Without witnesses, the process of litigation seems less of vitality. The testimony from witness is the key evidence to clarify the truth and expose the crime. The authenticity and adequateness of witness'testimony is nevertheless based on the premise that the witness is qualified. Imagine how can an unqualified witness offer convincible testimony? Therefore, the confirmation of witness qualification becomes the first importance in the witness system. From this viewpoint, the research into the confirmation of witness qualification has a great value both in theory and practice.This thesis includes an introduction, a body, and a conclusion. The body is composed by three parts. The first part is a sketch of the witness qualification system, including definitions of criminal witness and witness qualification, the confirmation of witness qualification, the understanding of the definition and characteristics of witness, and expounding the controlling factors on witness qualification and their functions. The second part includes the explanation of witness qualification systems in typical countries of Anglo-American and Continental legal systems respectively, and the comparison between regulations on witness qualification in two main legal systems. The third part focuses on the current situation and development of criminal witness qualification system in our country. As the main part of the whole thesis, it develops discussion according to National Code of Criminal Procedure, item 48, analyzes problems in legislation in our country, such as obscurity, equivocation, subjectivity, less of unified standard and legislation for the qualification of special witness, and further brings up practical advice on the clarification of criminal witness qualification, the establishment of Accreditation Bodies, the supplement of legislation and the authorization of special witness.
Keywords/Search Tags:criminal suit, witness, witness'qualification
PDF Full Text Request
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