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On The Rules Of Witness Appearing In Court In Criminal Proceedings

Posted on:2013-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:W T LiuFull Text:PDF
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During process of identification the fact of cases, direct verbal evidence plays a vital role. The testimony provided by the witnesses is entirely based on personal experience with irreplaceable features. In court activities, absence of witness or just a piece of paper written testimony is very unfavorable. Grasp of case fact for the judge is one of the most important basic premise for case trial and sentencing. And in fact, process of judge is a recovery of past fact. Very often to see in court, that both parties take uncompromising statement of the fact, the judge could not tell the truth. At this moment, testimony of related witness could be a basic gist for the judgment. In the case of absence of witness or just a piece of paper written testimony, if there is any query for the testimony, judge could not screen the authenticity. In the case problems need further investigation in court, the judge could not make is when witness in absence. At this moment, if there is any other evidence could be confirmed, fact of the case could still be determined, but when other parties have difficult to make a precise description of any other evidence to support the written testimony, the credible and probative force would strongly weakened, which led to the result that the parties could not cross-exam witness’s testimony. From another aspect, if judge could not ask witness directly to understand the circumstances of the case in court, the parties right of cross-examination and debate will be limited, which would frustrate the direct word principle of modern judicial, ultimately would affect the ultimate goal of fair and efficient.In the year1979, the Criminal Procedure Law has adopted the principle of direct verbal evidence, but the guarantee system for implementation of the principle appears not in the law and judicial interpretation. After16years, the Criminal Procedure Law has been overhaul modified, during this modification; relevant terms of the witnesses to testify and witness protection have been prescript. At this moment, direct word evidence could hopefully replace records of word in practical. In the year2012, amendments to Criminal Procedure Law prescript further about required conditions for attendance of witness; conditions for the compulsory attendance of witnesses in court; protection for witness, etc. However, the related judicial interpretation and social supporting system are still in blank. This article will elaborate through followed4points: Overview of attendance and testimony of witness; Comparison of two law systems; China’s legislative status and judicial practice; Thinking of how to improve system of attendance of witness. Making further refine for the design of witness attendance system, improve our system of witnesses to testify in court during criminal course, and do something useful for further exploration of the forthcoming judicial interpretations and regulations.
Keywords/Search Tags:System of Witnesses to Testify, Criminal Procedure, Attesting Procedure, Code of Criminal Procedure
PDF Full Text Request
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