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Construction Of The System Of Our Immunity Of Stain Witness

Posted on:2012-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2216330338464878Subject:Law
Abstract/Summary:PDF Full Text Request
Immunity tainted witnesses first appeared in the United States and other western countries in criminal proceedings, is accused of some of the major parties in order to obtain evidence in cases to be investigated for crimes or other cases of co-perpetrators of minor offenses committed, if the Provide crucial evidence of cases will no longer be its proceedings. Detecting and combating organized crime has been a country in the fight against crime, maintaining social order, the more headaches, but with economic development and technological level, a higher degree of organized crime, covert combat more difficult, the appropriate judicial resources Consumption has continued to rise. Run-time program of public power and content of the qualitative features of the intellectual weekly, while corruption and bribery, criminal syndicates, the more tightly organized drug crime, privacy and strong, coupled with the limited judicial resources and led to the fight against crime, the judiciary is sometimes At a considerable disadvantage. . How to solve the difficult to obtain evidence, the issue of lack of judicial resources while ensuring the crackdown on crime has become the witch to be resolved.At present China is in the social transition, is also an important period of strategic opportunities, types of criminal cases growing conflict with the limited judicial resources are becoming increasingly prominent. The reality of social status determines the need for the introduction of our system of tainted witnesses. At the same time, combined with our own socialist conditions, and some existing elements with a tainted legal system, witnesses, witnesses of the system to absorb the stain, and strive to realize the localization system of tainted witnesses, China. In this paper, the introduction of tainted witnesses system problems, done some research and analysis to the system of the tainted witnesses introduced to China as soon as possible. But we can not explain the low price of the system or that the system will work with the natural longevity of the local system of exclusion. And human relations in society in dealing with the same even if the distant horizon may be based on human nature, interests and even the causal factors will face the same or a similar confusion, the establishment of any system is to solve certain problems for the purpose of the work of a strong, This makes the system learn from practical significance. Construction of China from abroad stain laws permit exemption to testify to its necessity and feasibility of the system has. In this paper, the system of tainted witnesses to establish the necessity and feasibility analysis, and proposed the establishment of the system of preliminary ideas tainted witnesses.This paper is divided into four parts, the first is the immunity of witness, the concept and nature of an interpretation. The second part describes the system tainted witnesses in the UK, the application of the United States and Germany, and were relatively simple for China to introduce the system for reference. The third part from our judicial practice and legal requirements of the relevant provisions of the reality aspects of the system in China to establish the necessity and feasibility. The fourth part is the construction of the relevant system tainted witnesses vision system, the main building at the legislative level and procedural aspects.
Keywords/Search Tags:Stain Witness, Immunity of Stain Witness, system building
PDF Full Text Request
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