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A Study On The Protection System Of Criminal Witness In China

Posted on:2015-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:X W DongFull Text:PDF
GTID:2176330422473183Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The witness is an important procedure in criminal lawsuit, although the differentof the cultural tradition, social backgrounds in different countries induce to thedifferent definition of witness, but the importance of witness in criminal proceedingshas been formed a consensus basically. At present, most of the world’s developedcountries have a series of laws and regulations and the relevant supporting system toprotect the criminal witness,ensure the court appearance rate of witness,and protectthe criminal procedure smooth going. Many countries have been achieved goodresults in judicial practice,The appearance rate of witnesses has been maintained at ahigh level, it is worth our reference. In current judicial practice in our country, the lowrate of the witnesses to appear in court the problem has seriously affected thelitigation process, hinder China’s legal construction pace, although there were citizenslack of legal concept, influence factors of social acquaintances and traditionallitigation culture, but the interference of witness in court is the main reason lies in ourcountry to the criminal witness protection is not perfect, witnesses and their relatives’personal right and property right can not be protected.The previous scholars have done a lot of research and made a lot ofachievements about witness protection. The legal basis of scholars on the criminalwitness protection of our country have different views, The main theory such ashumanism theory, state theory, social contract theory, through the analysis of thecomparison of several kinds of views, the author suggests to provide legal support forthe witness protection for the rights and obligations consistent point of view.Construction of the criminal witness protection system in our country not only towitness its practical value, but also have the important meaning of harmony andstability of our country’s criminal procedure smoothly and the whole society.2012"Criminal Procedure Law"amendment is a great progress in the field of our countrycriminal witness protection legislation,but compared to the countries and regionswhose criminal witness protection system is relatively perfect, there exist largely gapin the criminal witness protection system between our country and foreign countries,there provisions are too general,and the scope of protection is too narrow, the lack ofspecific procedure, it also needs further legislative to improve. The current criminalwitness protection in judicial practice lack of specific operational norms, witnessprotection main body responsibility consciousness is not strong, also need to befurther improved and perfected.Be aimed against the current problems about criminal witness protection systemin our country’s, I suggested from the following three aspects to improve, first of all,establish the principles of criminal witness protection in our country, including theprinciple about equality protect, the principle about respecting parties will, theprinciple about balance of rights and obligations, the principle about comprehensiveprotection; secondly, through the further modification of legislation, to solve the problem existence in current legislation, such as the protection scope of criminalwitness protection in our country is not comprehensive, the protection of the mainbody is not clear, the protection of the program is not specific issues, and make thewitness protection law independent when satisfy the requirements in future; finally, inthe judicial practice of criminal witness protection in our country, but also Payattention to the witness protection stage preventive protection and prosecution witnessprotection, introduction of specific implementation details, strengthen the protectionof organ responsibility consciousness,improve the professional quality of witnessprotection staff, so as to better implement the regulations on criminal witnessprotection legislation, to ensure that the criminal witness protection work smoothly.
Keywords/Search Tags:Criminal procedural, perfect system, the witness protection, amendment
PDF Full Text Request
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