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Thinking, Of The Laws Of The Criminal To The Attendance Of Witnesses

Posted on:2009-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
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After the amendment of criminal procedure law, with the development of the reforming of the judicial type, witnesses have been becoming more and more important during the whole procedure. From consideration of substantial worth, the witness giving evidence in court can ensure the reality of evidence, adapt to the modern reformation requirement of justice system. From consideration of procedural worth, the witness giving evidence in court can protect the defender' inquiry right fairly and enhance the efficiency of lawsuit. Such can incarnate the substance of open justice while carrying out the direct word and arguing principles. From consideration of social value, the witness giving evidence in court can realize the function of special prevention and specific prevention, enhancing the authority of law, safeguarding the court' image. But it's a big problem that witnesses reject giving evidence in court, and such has been perplexing our legislative and judiciary department, curbing the full part of the court examination efficiency. Because of the unbalanced regulations of criminal witnesses' rights and obligations, it's an uncertain responsibility to subpoena a witness giving evidence in court and the drawbacks lead to the major witnesses unwillingly serving at court. Considering such phenomena, the article analyses some different causes of the witness rejecting giving evidence in court. The idea and level of executing the law of judicial authority and its' staff contuses the enthusiasm. Further more, the judicial officials are lack of witness-shielding consciousness. The country has no definite legal rules about witness' privilege and refusing giving evidence. The conflicting logos between traditional culture and modern lawsuit conception none the less exist, and the loss of giving evidence in court also make the witness hard to attend in court. At last, on basis of the experience of other countries, the article makes effort to exquisite the countermeasures of the attendance of witnesses. The article discusses that the country should definitude the rejecting giving evidence right in legislation, sophisticate the punishment measures about outlaw rejecting giving evidence. Changing the conception of judicial officials, strengthen the construction of judicial procession, enhancing the quality of law enforcement officials, rectifying the traditional culture ,strengthening the education of law propagandizing, drawing lessons from advanced practice to advance the legal sense of all people. From consideration of witness itself, the country should sophisticate every indemnifying measure and strengthen the shielding force and safeguards to the witness. Such measures are very important to solve the issue of witness rejecting giving evidence in court.
Keywords/Search Tags:witness, giving evidence in court, appearing in court hard, rejecting giving evidence, forcing giving evidence, witness protection
PDF Full Text Request
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