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On Anonymous Witness System

Posted on:2013-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:J B XiaoFull Text:PDF
GTID:2256330401450731Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Anonymous witness use the way of hide from view of the face, and change thevoice of the witness, let the witness to testify in a relatively secluded environment, inorder to avoid body, property and other retaliations. This testify way have thecharacteristics of relative secret, protection of pre-and applicable economic and othercharacteristics, the system can protect the witnesses’ body and property safetyeffectively, and promote witnesses testify in court. Begin in the1970s, many countriesaccepted and established anonymous witness system, the system initially apply to thecases of rape children and women, and then being applicable to all types of criminalcases gradually, and formed its applicable objects, the scope of the case, applicableconditions, procedures, and supporting measures, played an important role of protectthe safety of witnesses, prompt witnesses testify in court. China established thissystem in the new round of the Criminal Procedure Law’s modify, the system isconducive to protect the witnesses’ body and property safety, and in favor ofachieveing the system of force witnesses to testify in court, prompt the witnesses totestify in court; it is conducive to reduce the application of the written testimony,achieve the defendant’s cross-examination right, to achieve the fair trial; and thesystem fit for the witnesses traditional psychological of shame v., tired v. and the thestatus quo of our country’s society of human sympathy, it is conducive to theestablishment of the society of witnesses; and the running costs of the system fit forour country’s national conditions, it is conducive to its implementation. The authorconsiders that the system’s effectively run faces the obstacles from the three organs ofthe public security, procuratorial, court and lawyers, and the system itself also hassome shortcomings, as its applicable objects, the scope of the case, applicableconditions is not comprehensive enough and reasonable, the main responsibility forthe implementation of the measures is not clear, lack of procedural provisions, lackof supporting measures, the existence of these obstacles and defects is bound to affectthe smooth implementation of the system, and its role play. Facing these obstacles anddefects, the author put forward recommendations that limt judge’s discretion ofdecideing whether witnesses testify in court, limit the behavior that the public security,procuratorial organs infringe witnesses "legal security", improve the stability of thetestimony of witnesses and other measures, to get rid of the system’s potential obstacles. Add to the type of duty crimes, sex crimes cases, improve the applicablescope of the case of the system; add to the vulnerable witness, the special witness,they should unconditional applicable of the system, improve its applicable objects;clear when witnesses’ property is threatened with infringement, the anonymouswitness system should be started, improve the conditions of its applicable;well-developed procedural provisions of the application, examine and decision, tomake the system more workable; establish the supporting measures of confidentialityand disclosure of witness identity information accountability system, the redressregime after the leak of the identity information of the witness, and the the witnessservice system and so on, to ensure the smooth implementation of the system, andprotect the witness’s body and property safety effectively, promote witnesses testify incourt.
Keywords/Search Tags:witness presenting at court, anonymous witness, the protection of witness
PDF Full Text Request
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