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A Study Of The Construction Of Contemporary Chinese Immunity Of Relative Witness System

Posted on:2014-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:2246330395494218Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese current legal system stipulates that any man who is informed of a caseand capable of bearing witness has the obligation to give witness, whether the witnesshas the suspect or the defendant is his relatives or not; otherwise, the legal systemwill enforce the relatives to testify and even ascertain their accountability. The revisedCriminal Procedure Law began to take effect in2013. The stipulation in its188thitemcreates much of a stir that close relatives are not enforced to appear in court as awitness. Contrast to the48thitem in pre-revised Criminal Procedure Law that “allwho are informed of case are ought to appear in the court to give witness”, andthereby it makes significant progress for its agreement with the spirit that legislativeprinciple should respect the ethical consideration. Nevertheless, the188thitem merelystresses the immunity from the obligation of giving witness in court, rather thanchanges the widely criticized and obviously unreasonable Enforcement of RelativesWitness System per se. it has been a general trend for long that most countriesgenerally adopt the Immunity of Relatives Witness System in criminal law. The Immunity of Relatives Witness System plays a significant role in protecting the basicrights of suspects and defendants, sustaining the stability and solidarity of the familyand reconciling the various conflicts of interest in society. Therefore, this system iswidely approved and recognized by the social mass.Given the status quo of the missing of Immunity of Relative Witness System,this paper first expounded the conception of Immunity of Relative Witness System,with an in-depth analysis of the value of Immunity of Relative Witness System. Itdoes not only respect the individual rights and interests, but also sustains familystability and social harmony. In addition, it guarantees the fairness and justice of caseentity, and thereby highlights the humanistic concern of the criminal law. Therefore, itis one of indispensable evidence system of modern country characterized by “ruled bylaw”, and its existence is full of reasonableness and necessity.The second part explores the status quo, causes and deficiencies of the missingof contemporary Chinese contemporary Immunity of Relative Witness System. Injudicial practice, the lack of Immunity of Relative Witness System is causally deeprooted and gave rise to a series of problems, and the establishment of Immunity of Relative Witness System is urgent and imperative.By the analyzing of the domestic principle of “tolerating and concealing betweenkinfolks” and the foreign Immunity of Relative Witness System, the third partconcludes that the Immunity of Relative Witness System is by no means drawobstacles of democracy and rule of law, but the common choice of different ethnicand national groups in dealing with similar situations, which is in agreement with thetrend of contemporary criminal legislation. Thus, the Code of Criminal Procedure isought to be improved by adding Immunity of Relative Witness System, andmeanwhile assimilates the reasonable elements of the Chinese and foreign legalsystem.Based on China’s national conditions, the fourth chapter provides suggestions forthe construction of based on China’s national conditions in the aspects of the scope ofsubjects, the design of procedure, the applicability of law and the restriction of rights.It hopes that Immunity of Relative Witness System could be included in the Code ofCriminal Procedure and criminal evidence system to promote the development ofChina’s criminal law.
Keywords/Search Tags:Immunity of Relatives Witness, Tolerating and Concealing Between Kinfolks, Human relations, Natural Affection
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