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Witness To Testify In Court

Posted on:2007-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:C B XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The testimony of witness is a kind of proof using widely in the Criminal Procedure , regardless of the Anglo-American law system countries or Continental law system countries. Specially in the Anglo-American, testimony of witness enjoys the core status in the evidence system, which focuses on the old saying of "NO WITNESS NO LAWSUIT". The testimony of witness is also one of important kinds of statutory evidence in our country, which plays a good part in the Criminal Procedure. Nonetheless, the distinct differences still exit in the rules of using the testimony of witness between the other countries and our country . With regard to the general principle of lawsuit theory, the status of testimony of witness in the lawsuit is always go with the witness appearing in court. Therefor, comparing with the countries pursueing the Principle of direct trail and verbal trail, majorities of testimony of witness enter into the court trial not by the means of verbal evidences but the literal evidences. This is reason that the witnesses are unwilling to appear in court . With the reform of the way to crime judgment developing widely and deeply, and the idea of fair and justice widespreading in our country , to appear in court for witnesses must be one of the radical steps to stress the function of trial and stick to fair trial, so the status and function of testimony of witness must be more and more outstanding. Consequently,it must be brought to the agenda again to solve the problem ofwitness appearing in the court.Based on the researchs of formers, the author consider that there are some deviation on the cognition and researchs about the problems of witness currently, that is to say, former researchs emphasized partially on the research about the witness protection and mandatory appearance in the court ect which are the active instiution to inpel witnesses to appear in the court,the other way round , neglected to particularily analyse the phenomena of witness not appearing in the court and pay attention to the valve of the phenomena. The article draw a conclusion that the contradiction of witness's problem is show on the "supply falling short of demand", through analyzing the "supply-demand relations"of witness appearing in the court in our country. Moreover, the article claims the current researchs focus on how to add the "supply" of the witness, and that overlook how to cut down the "demand" on the witness.Established in the theory and practice, the article claims it is a choice of relative reasonableness to ponder on the problem of witness appealing in the court from the point of view of shorting the demand on the witness or cutting down the quantities of the witness appearing in the court. Therefor, we should pay more attention to the subject on the witness...
Keywords/Search Tags:criminal witness, testify appearing in the court, testify not appearing in the court, dispertion of case, selection of witness
PDF Full Text Request
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