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The Theory Of Criminal Litigation System Of Witness Protection

Posted on:2013-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:A L FanFull Text:PDF
GTID:2246330371973113Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness protection system is an important guarantee for criminal proceedings to be healthy functioning,and is a measure of a country’s criminal justice system is perfect and sound standards. Over the years, China’s criminal legislation and judicial practice, emphasis on criminal proceedings in the witness protection system is on the low level,program norms omissions, the provisions are too principle, lack of maneuverability, resulting in a witness not to testify or to refuse to testify and a serious impediment to the smooth functioning of the criminal proceedings.The discussion of domestic and foreign scholars on the witness protection system has never stopped, and has made many useful results. From the overall structure of this paper, mainly from the point of view expounded the necessity and theoretical foundation of the witness protection system in criminal proceedings on the protection of human rights, improve the evidence system, integration with the social philosophy of criminal proceedings start, analysis of the witness protection in criminal proceedings legislative status and benefits, revealing the shortcomings of our system of witness protection legislation and implementation, introducting the foreign legislative and judicial experience, combined with China’s national conditions and legislative judicial status quo on this basis,looking forward to seek an operational and practical way to improve the contents of the legislation and legislative system. This article is divided into a total of four chapters, first introduced the necessity and theoretical foundation of the system of criminal proceedings witnesses to testify system, feccond to introduct the legislation of the witness protection system strong situation and problem analysis, in addition to the foreign national witness protection system, combined with China’s actual conditions proposed improvements.
Keywords/Search Tags:Witness protection, Criminal procedure, The punishment of crime, The protection of human rights
PDF Full Text Request
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