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Research On The Economic Compensation System Of Criminal Witness

Posted on:2015-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:L S WangFull Text:PDF
GTID:2176330422481110Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness economic compensation system is that the witness’s direct economicloss brought about from witness testimony will be compensated by the state in legalprocedures. Witness economic compensation is a new and fundamental right forwitness given by newly revised Criminal Procedure Law of China. This right isenjoyed by the man who provides testimony for the state, and has important practicalsignificance. Witness economic compensation is the necessary requirement of modern"rights-based "rule of law thoughts and also an inevitable requirement to ensurewitness to testify. It is an important embodiment to protect witness as one of the mainbodies in criminal proceedings, and also a performance of criminal "people-oriented"ultimate values. With the international exchange and assistance strengthened, the rightof economic compensation is increasingly important for cross-border witness.To improve our witness economic compensation system needs to establish aspecial witness protection authority and witness economic compensation departmentalso needs to be established under the authority which can be responsible for the workof compensation independently. Implement the unified economic compensationarrangements for funding by central government, local governments at all levelsmatching system and guarantee a special fund of the witnesses to earmark. In addition,strengthen the examination of the qualification of witness who satisfies the statutoryrequirements for financial compensation can only be compensated, and require thatthe compensation scope is limited in the expense of transportation, food,accommodation and loss of working time to testify. Economic compensationprocedures should involve public security and judicial organs informing the right ofwitness, applicant putting up the application, economic compensation reviewing anddeciding, the recovery of economic compensation and other processes. When theeconomic compensation right is violated, the witness has the right to the originalauthority for review and for reconsideration at the next higher level of witnessprotection agency.
Keywords/Search Tags:testimony of witness, economic compensation, rights protection, economic losses
PDF Full Text Request
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