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The Protection Of Minnor Witnesses In Criminal Procedure Of My Conuntry

Posted on:2014-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q L WangFull Text:PDF
GTID:2246330398976330Subject:Law
Abstract/Summary:PDF Full Text Request
Minors are the future of the country and the nation, meanwhile the vulnerable groups in the society which is under adult’s domination. So our states and society pay much attention to them. The minor witnesses need more protection of law and the care of humans, when they involved in criminal procedure. Unfortunately, our legislative provisions have no special protection on minor witnesses, which distinguished from adult witnesses. It makes that the authenticity and reliability of minor witnesses’ testimonies can’t be guaranteed in judicial practice, and the physical and mental health of them also been damaged in varies degree. From above points, this article try to give some advices to improve our special protection mechanism for minor witnesses in criminal procedure, in the basic of analysis the characteristics of minor witnesses and learn the achievements of minor witnesses protection overseas.The body of this article is divided into three parts as follows:The first part is mainly to discuss the testify qualifications and testify capacity of minor witnesses, which help to make sure their legal status. It’s necessary to give minor witnesses special protection,according to analyze the frangibility of their mind and fallibility of their testimony.The second part is mainly research the current situation of minor witnesses protection system in our criminal procedure.In legislation part, the current legislative provisions in our country have no special protection on minor witnesses, which distinguished from adult witnesses, minor witnesses lack of equal rights to acquire special protection compared with juvenile suspects and defendants.There are many shortages in judicial practice,such as poor protection awareness of minor witnesses、the division of responsibilities is not clear、 accountability mechanism is not perfect and so on. What’s more,the right of minor witnesses is disturbed by media system and poor protection awareness of the public.The third part mainly deals with the suggestions for improvement the special protection system in our criminal procedure for minor witnesses.Legislation should give the minor witnesses special rights、set up financial compensation and moral encouragement system.The judicial office should take the obligations of comprehensive protection during the trial.Our society should set up an organization,which specialized serve for minor witnesses.what’s more,establish hot-call and help Wei-bo.
Keywords/Search Tags:minor witnesses, criminal procedure, special protection, suggestions forimprovement
PDF Full Text Request
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