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Criminal Witnesses To Testify System Research

Posted on:2012-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:B T LinFull Text:PDF
GTID:2246330371465330Subject:Law
Abstract/Summary:PDF Full Text Request
The system of criminal witness testifying in court is an important part of criminal evidence system. Meanwhile, witness’s testimony is also significant means of having the crime exposed and testified, the actual situation of cases ascertained and the parties’ legitimate rights safeguarded. Focusing on studying our country’s system of criminal witness testifying in court, this paper analyzes its significance based on introduction of concepts related to witness’s testifying in court on criminal cases and relevant systems home and abroad. It demonstrates that our country’s construction of system of criminal witness testifying in court plays an important role in realizing substantial justice and safeguarding judicial authority, etc. Moreover, it further analyzes the status quo of our country’s system of criminal witness testifying in court and explores legislative, judicial and social factors that result in our country’s low rate of criminal witness testifying in court from the perspective of legislative shortcomings and practical disadvantages. In addition, on the basis of drawing lessons from relatively more mature system of criminal witness testifying in court of civil law system and other law systems in England and America, it proposes corresponding suggestions for our country’s system of criminal witness testifying in court from legislative and judicial perspectives, etc so as to exercise fair judgment on criminal cases of our country more effectively. This paper is divided into four parts as follows.The first part mainly makes necessary definitions for relevant overviews of the system of witness testifying in court and other related concepts. It sums up the concept of witness, witness’s testimony, witness’s eligibility and the significance of witness’s attendance. Part two introduces and compares relevant systems of witness testifying in court of law systems in America, England and Mainland. Meanwhile, it summarizes the reasonableness and advanced nature of related systems. The third part demonstrates the status quo of our country’s system of criminal witness testifying in court including legislative shortcomings and practical advantages. Besides, it points out those problems of our country’s system of criminal witness testifying in court and analyzes the reasons. In the fourth part, integrated with problems of our country’s system of criminal witness testifying in court, our country’s reform and perfection of the system are demonstrated from perspectives of legislation, justice and the general public in accordance with new regulations of witness attendance system on criminal litigation which were recently submitted to The Standing Committee of the National People’s Congress for examination and approval and proposed in "The Amendment to the Criminal Procedural Law (draft)" that publicly solicited suggestions from the society.
Keywords/Search Tags:witness, testify in court, system, perfect
PDF Full Text Request
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