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On The Perfection Of China's Criminal Witness Rights Obligations

Posted on:2008-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:B GongFull Text:PDF
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The witness in the criminal action is the natural person who knows the case having the obligation of giving evidence to the judiciary and also having the right of being protected but not the client. The testimony in criminal court is unchangeable to detecting the fact of the case. However, the truth of giving evidence in the judicial practicalis not good.The activity and the rate of appealing in court are both low. The problem of protecting the right of witness cannot be put into effect lately. The current laws has not build the system of the witness right. Therefore, it is nessary to make some research in the obligation of the witness.As the important role in the process of criminal action,the witness is the one who has the obligation and the right.The improvement of the witness right and obligation is not only good to the justice and efficiency of criminal action but also to protecting the fundamental human rights.The law in our nation make it out clearly, that the witness should have the obiligation of giving evidence.The settlement of the difficultyto the witness, on the one hand, we must hit the activity of giving false testimony,on the other hand ,we may build the system of the court declaration with our nation's character.It can make different to the system of witness recognizance. It also can bind the witness and make him give evidence honestly.It is necessary to redesign and review the rule of discharging the obiligation of attending court. The obligation of the witness giving evidence in court must depend on the reality of our nation. It is not practial of asking the witness attending court in the current judicial environment ,we must emphsize the building and fulfillment of the witness right.The most important thing is the protecting the safty of the witness and his close relative.We must set up the specialized institution of protecting the witness safty.The duration of protecting should be delayed until the danger finished. Including the practical of the case and the device of protecting the witness, there are two facilities,that is ordinary protecting device and special device.It will improve the the enforcement of protecting the witness overall.Furthermore, the system of the witness right protecting still has the giving evidence immunity, recoupment and privilege of avoiding attending the court.All of the above will be good to fulfill the system of the witness right protecting.In a word, the key point to solve the problem of giving evidence is to perfect the system of our nation'sthe witness right and obligation. It is a practical way to make the witness give evidence which protect the right of the witness efficiently. At the same time, we must consider that the condition of our country and the need of the judicial practical.The protecting of the witness right especially the safty of the witness will make the important role.
Keywords/Search Tags:criminal witness, testify in court, witness right, witness obligation
PDF Full Text Request
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