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Construction Of Key Witness System

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
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Witness system is the law and evidence in legal proceedings of an issue of common concern, it means including witness qualifications, the rights of witnesses, witness duty, to give evidence and testimony of the judging process, including a set of rules and laws in general. In China today, witnesses in the judicial system shown in practice the problem is obvious, and it is serious. On the one hand, the witness not to testify, the witness did not appear in court, witnesses for false testimony; the other hand, there is no guarantee the rights of witnesses, the formation of this situation are many reasons, such as the reasons for the social environment, individual moral reasons, the legal system Reasons, the most critical is the lack of witnesses to the system.In this paper, the reconstruction of the system to explore the needs of witnesses and feasible way, that is the key witness system, the system can be key witnesses in China under the conditions of limited judicial resources to make up for deficiencies in the system of the present witness, witnesses rate of increase is the balance between efficiency and Fair system. This article is divided into four parts, respectively, from the need to build the system key witnesses, the concept of key witnesses, the key witnesses of specific procedures, the key witness protection measures in four areas were discussed.The first part of the key witnesses on the construction of the necessity of the system, respectively, the witness of our current system status, issues, and build key witness to the urgency of the system described, the system also explore the key witnesses legislative arrangements.The second part of the analysis of the concept of key witnesses, the main key witnesses proposed to define the scope, and key witnesses, rights and obligations of the setting.The third part of the key witnesses on the specific procedures for analysis, were key witnesses to appear before the program take care of, the key witness cross-examination of the specific procedures to provide the relevant ideas. While the proposed increase in the first instance can not be because key witnesses did not appear to increase the procedural consequences of key witnesses summoned to appear before the Court of enthusiasm.The fourth part, the protection of key witnesses measures analysis of key witnesses were not given reasons for refusing to testify in court and enforcement measures, protection of key witnesses and key witnesses, search for viable and effective measures of compensation. Hope eventually to build a complete re-adapt to the status of key witness of our judicial system.
Keywords/Search Tags:key witness, the right to confrontation, the key witness protection, key witness compensation
PDF Full Text Request
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