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Research On System Of The Witnesses To Testify In Court In Criminal Procedure

Posted on:2014-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:R DingFull Text:PDF
GTID:2256330401961933Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of serving as witness at court system is to realize justice in both entity and procedural level by the form of visibility. So it makes significant to the design and its further improvement of the regulation in the area of criminal judgment. In terms of the current judicial practice in our country, there are many barriers, such as cross-examination and to testify truly and willfully, in serving as a witness at court. The concerns of witness not only hinder the investigation of the case but also make the imbalance between the defendant and the prosecution which violates the right of defendant and affects the judgment of the case. The current Criminal Procedure Law makes breakthrough in the field of serving as witness at court, but there are still problems compared with foreign regulations. On the basis of current legislation and foreign legislative experience analysis, the paper puts forward the possible solutions of serving witness at court. To be detailed, the paper first analysis the value of serving as witness at court on the aspects of cross-examination benefits, case investigation, direct and verbal principle building and human right protection etc. Secondly, the paper introduces and compares the legislative experience in US, UK, France and Germany as the reference of our country. And then analysis the breakthrough of serving as witness at court in China, the paper then further puts forward the idea of building the regulation of forcing the witness appear at court and giving witness the right of refuse to testify under certain situations. The paper also points out the shortage in the field of witness protection and compensation, the range of testify decline. To improve the regulation of serving as witness at court, the legislation should regulates the procedure of forcing witness appear at court and gives the witness right of refuse to testify based on occupation and business affairs. Expand the range of refuse to testify based on relative. The regulation of witness protection should be also improved in detailed measure and procedure. The paper also suggests the building of witness cross-examination and compensation system.
Keywords/Search Tags:Witnesses, Court, Testify
PDF Full Text Request
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