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The Research Of The Key Witness Appearing In Court To Testify

Posted on:2012-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
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It is an important topic in criminal lawsuit area that criminal witness appears in court. It is of important meanings to guarantee the quick check of the truth and correct confirm of criminal quality. At the same time, with the set off waves of protection of human rights, more and more attentions are paid to protect the human rights of defendants, then the witnesses are requested to testify and to receive crossover requirements and doubts from two sides is the reason why we need to protect defendants'rights. Therefore we ought to realize the protection of testifying of witness from legal layer and system layer.However, the witness testifies in court is not real optimistic in judicial practice. It is ruled in our present laws that the witness has the obligations to testify in court, but there are no mandatory measures to punish witnesses when they refuse to testify without proper reasons. Therefore the obligation of testifying in court of witness is just a piece of paper and is not realized in judicial practice. The reality of the low rate of witness appears in court makes serious negative impact of the smooth operation of the criminal procedure, and many cases are not convinced by defendants. As a result, the litigation process is delayed and the party's cost is increased. Accordingly, improving the quantity of witness's presence is the necessary measure to settle this question. It is not possible and necessary to request all witnesses to testify in court for the limitation of our judicial resources and the influence of traditional thoughts and culture. Then we should consider in another way, we could only request the witness who is of important confirm or whose testimony can influent the measurement of penalty to testify in court, that is to build the system of key witness appears in court to testify.This article is based on this background. It is a rational choice to resolve this question by lowering the need of witness in court or reducing the quantity of witness. Requesting the witness who is of key or important influence to the case rather than all witness to testify in court, can not only realize the aim of justice but also can protect the rights of defendants at utmost. This article researches on the necessity and feasibility of key witness testifies in court through collecting many resources and researching the practical operation of justice. To begin with defining the range of key witness and combining the present situation of justice, the key witness can be classified into two sorts, common identity key witness and special identity key witness. Then the procedure of testifying in court and the corresponding protective measures for the key witness of two different identities are discussed differently according this classification. At the same time, requesting the key witness to testify in court does not mean that all key witness must be present because there are some situations that the key witness can not be present for proper reasons. These reasons are also introduced in detail in this article. I hope the system of the key witness testifies in court can be applied more operationally in the judicial practice and solve a series of problems that is caused by witness's absence better.
Keywords/Search Tags:Key witness, Testify in court, Procedure design, Protective measures
PDF Full Text Request
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