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The Present Situation And Consummation Of Witness Testimony Institution

Posted on:2012-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:B XueFull Text:PDF
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Evidence in criminal proceedings, testimony of witnesses in the criminal law of evidence plays an important role, the testimony of witnesses to prove the fact that capacity is often the case, and the suspect's complaint, the defendant's conviction and sentencing plays a vital role, so the witness testimony in the form of legality, the legal process is credible, is directly related to the testimony of witnesses, the probative force of the problem, and our testimony of witnesses in criminal proceedings for the existence of the relevant provisions of legislation such as the witness refused to testify gaps and blind spots, is bound to undermine procedural justice to achieve. This paper attempts to witness to testify in criminal proceedings system point of view, the status of the system and problems to think about, come to improve our system of criminal procedure rationalization proposals witnesses to testify.Witnesses there qualification is the basis of witness testimony, this article will first witness qualified as an entry point for research, the definition of witnesses and witness the eligibility requirements of the sort, and the specific professionals, public officials, close relatives refuse to testify rights and the right against self-incrimination from China's actual conditions and judicial reality to make a useful discussion.Secondly, through the analysis of criminal justice practice, there is a witness refused to testify, perjury, did not testify, the Pan-documentary evidence and other witnesses of hearing status and problems, seriously consider contributing to this problem causes and consequences of doing a careful analysis.Finally, the author's situation in the judicial reform, combined with China's current situation, the mandatory obligation of witnesses to testify in stress, while on the witness protection system, the economic compensation system for the concept of witnesses, combined with China's legislation on evidence admissible in criminal trials the principle of direct words, discuss the hearsay rule, and the legislation allows the witness does not appear the situation and make the system think the key witness in order to learn to play the role.
Keywords/Search Tags:criminal proceedings, a witness qualified, evidence, witness testimony
PDF Full Text Request
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