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On The Construction Of The System Of Exemption And Exemption Of Witnesses In China

Posted on:2017-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z H QinFull Text:PDF
GTID:2206330488997812Subject:Law
Abstract/Summary:PDF Full Text Request
Impartiality and efficiency are the pursuit value objectives of the legal. In the 21st century, with our crime rate enhancing greatly, the increasing sophistication of crime, concealed, technical, organizational groups more closely, the original unadequate judicial resources become even more nervous. How to break the barriers of crime becomes the focus concern to all countries. Common law countries in the context of social conflicts increasingly complex, the establishment of appropriate witness to the system, it is intended to open the gap from the inside criminal organizations, the collapse of interest groups, which undoubtedly can play a drastic role, also prove that the system has made great achievements in the fight against crime.The full thesis is divided into four parts totally.The first part is the overview of the immunity system of stain witness. First of all, introduce the concept and characteristics of the stain witness and the difference between the stain witness and the witness. On the basis of this, summarize the concept of the exemption system of stain witness, analyze the reasons of the exemption system. Finally, compare with the similar system, clarify the concept which are confused possibly.The second part is theoretical analysis and development of stainted witness immunity system. First of all, it analyzes the theoretical foundation of the exemption system of stain witnesses, and secondly, the legislation study of the system of the exemption of stain witness in the common law system and civil law system in the perspective of comparative law. Britain is mainly concerned about the generation of the system, the United States focused on the analysis of the development of the system and the exemption model. In addition, the author selected Hongkong and Macao to introduce the legislation of the exemption system.The third part is weighing the pros and cons of establishing the exemption system of the tainted witness system. The lawsuit value of the stain witness exemption system is analyzed, protecting the human rights and preventing crime are the result of balancing all kinds of interests, and embodies the principle of individualization of punishment.The forth part is legal provisions relating to the stain witness system in China. By comparing the system of tainted witness system and China’s relevant criminal substantive law and procedural law, from the perspective of fulfilling the international obligations, analyze that establishing stain witness system in China is feasible.The fifth part is the construction of the immunity system of tainted witness in our country. Put forward to the concept of building the immunity of tainted witness system on the basis of comprehensive investigation of the system, clear the applicable scope, object, mode and procedure of the system, and establish the supporting measures to correspond to the system.
Keywords/Search Tags:stain witness, testimony immunity, system construction
PDF Full Text Request
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