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On The Perfection Of The System Of Witness Protection In Criminal Suit In Our Country

Posted on:2014-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:G J HanFull Text:PDF
GTID:2256330401461625Subject:Law
Abstract/Summary:PDF Full Text Request
Witnesses to testify in criminal cases is the inevitable requirement of modern judicialpractice, the protection of witnesses has been concerned by a growing number ofnational laws and institution.It is a civic duty that witnesses to testify in court and wecan not lose sight of the protection of the legitimate rights and interests of the witness.Years of judicial practice in China where witnesses repeatedly suffered abuse, which inlarge part to obstruct the witness to testify in court or even be scared to testify incourt,As a result,it bring about a serious impediment to the smooth development ofChina’s criminal justice. There are still many shortcomings in Criminal cases of Chinawitness protection system, this article is based on the status quo of our criminal justicepractice and learn from foreign advanced protection philosophy and legislativeexperience, presented preliminary ideas on the perfection of the system of protection ofwitnesses in criminal cases in China.At a word,the main content is as follows:The first part, the need to protect witnesses institutionalized for criminal cases in Chinawere analyzed. Firstly, it gives an account on the protection of human rights in criminalcases from the protection of witnesses institutionalized significance, which revealed theown value of civil rights.And the second, which combined with the Criminal Procedurejustice and substantive justice to explore, and pointed out the great significance to theprotection of criminal cases on the first two ahead, which finally revealed ourinstitutionalize the protection of witnesses in criminal cases brought far-reaching socialsignificance.The second part, representative national witness protection system has been inspected.This part introduces advanced legislative experience, improved supporting measures,a clear implementation of the main broad scope of protection and other aspects ofwitness protection system in foreign criminal cases, and we actively learn advancedsystem and combined on the basis of combining with our concrete practice, which canbetter guidance to the protection of witnesses in criminal cases in China.The third part, the analysis of existing defects in China’s criminal witness protectionsystem. We elaborate this part based on the lack of exercise v. witness protection in ourcurrent judicial practice. The scattered provisions, narrow scope of protection,inadequate protective measures, weak operational program, and inadequate accountablemechanism are respectively analysed in our legal system of witness protection, that reveals a shortcoming of witness practice in our criminal justice practice.The fourth part, There are a few suggestions to improve the witness protection systemof criminal cases in China. We proposed the idea of a series of perfect witnessprotection system in criminal cases in connection with China. Firstly, developingspecialized witness protection legal system; secondly, broadening the system of witnessprotection in criminal proceedings content; improving the witness protectionmechanisms in the criminal proceedings. Last program is to improve the witnessprotection system.
Keywords/Search Tags:Criminal Proceedings the witness, Witness, Protection perfect
PDF Full Text Request
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