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On The Perfection Of The System Of Criminal Witness

Posted on:2011-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhaoFull Text:PDF
GTID:2206330335982575Subject:Law
Abstract/Summary:PDF Full Text Request
China's criminal procedure law that was revised in 1996 changed the model of adversarial litigation in order to reform the trial mode.This promoted the criminal procedure law for scientific and democratic and solved lots of important problems about the work of judicial practice.At the same time,it completed the action mechanism and improved the the fairness doctrine of judicial administration. At present, appearing in court for witnesses is too low, it has become a serious disturbance for the criminal trial.There are many differrent resons fot this state, one hand there are some historical reasons, on the other hand there are practical reasons.At the same time there are some other resons,such as judicial reasons; witnesses of their own reasons;social and environmental causes and so on.But the main reason for this is that lack of protection against the witness, the witness's rights and obligations of the imbalance, consequences of refusal is not clear. While it is conducive to ascertain the facts of a case, the correct combat crime, safeguard the legitimate interests of the accused and to increase the transparency of the case, the promotion of justice if witnesses can testify in court. Therefore, increasing the rate of the testifying of witness is a long-term and complex project, it should be from China's national conditions, we should improve the condition step by step, we must remumber we shouldn't solve all the problem a night.There are six parts in this thesis:preface, conclusion and main body (There are 4 parts in main body). Expound and prove the system about witnesses'testifying; the causes of the problems of China witness system analysis; Foreign criminal witness system comparison China witness system - including the establishment of forced witness liability regime; the establishment of witnesses refuse to testify and the scope of application; the establishment of witness protection system; establishing a witness of economic compensation system; establish key witness system; strengthen legal education, improving citizens'legal awareness and strengthen judicial team building on point own humble opinion.While writing this article I used the comparative method, and I found the problems according to the foundation, Analysis of problems, solve problems. First of all, we must approve a witness in the criminal justice reform, at the same time we have to pointed out that there aren't any good protection for this system,second, approach a subject in terms of theory;solve the problems about testifying witnesses of and find good ways to solve this problems.
Keywords/Search Tags:criminal, witnesses, testify
PDF Full Text Request
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