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Problems And Countermeasures Of Witness Protection System In Chinese Criminal Procedure

Posted on:2014-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:K Y HuangFull Text:PDF
GTID:2256330401975072Subject:Criminal law
Abstract/Summary:PDF Full Text Request
The criminal litigation system exist in history has been a long time, In the development process hasbeen a constant transformation, evolution and evolution. And in ancient Rome, The UK and continentalEurope formed typical criminal litigation system. Although the criminal litigation system in the course ofhistory constantly changes, but, The importance of witness testimony in criminal lawsuits in China andnever change. Testimony of witness not only in criminal proceedings in the most important position, but incriminal proceedings in a kind of proof using the most common.At the same time, witness appearing incourt in criminal proceedings are often faced with different from other litigation system under the witnessthe difficulties,so, today’s world is the witness protection system in criminal procedure provides clear anddetailed, and set up the corresponding mechanism. For example, The British aid group, The United Statesof America Prosecutor Office and the German Federal Criminal Police. It is thus clear that Europe and theUnited States and other developed countries for criminal witness protection do is more perfect and advance.But in China, not only in the witness protection system do not place, more is in criminal proceedings toprotect the witness is basically in the blank, The law often only stipulated the principle, Theimplementation of difficult, but also not responsible for Witness Protection Agency, In reality often formeach authority buck-passing situation. System vacancy, and the protection mechanism is not clear enough,often leads to the ordinary citizen fearing take revenge, or their own interests and not even reluctant totestify the occurrence. And the testimony of witnesses, sometimes even related to whether can lawconviction and sentencing of the accused, if you can bring the criminals to justice. So, establish and perfecta set with Chinese characteristics, Crunch time in line with China’s basic national conditions of the criminalwitness protection system, In this way, we can not only with strong evidence will criminals to justice, tocreate a good social security to citizens, we also can also blow the unhealthy tendencies in society, tounderstand the real situation of the unlawful infringement of citizens willing to even take the initiative totestify in court, The criminals, the unlawful infringement is due to legal sanctions, to create a good socialatmosphere and be of great advantage.In this papper, the author summarizes the witness protection system in China in the criminal procedure, the witness protection legislation of criminal procedure in China, the judicial status and social statussummary, and the summary and the developed countries in the criminal proceedings against the system ofwitness protection, try to put forward in line with China’s national conditions, has the Chinese characteristiccriminal witness protection system, in order to enrich and improve our criminal procedure law system, notonly the legal meaning of criminal proceedings can be brought into full play, the criminal socialsignificance to carry forward, as the development of our country ’s criminal witness protection system andcreate a good environment to make a modest contribution.
Keywords/Search Tags:criminal proceeding, witness protection, system status, extraterritorial investigation
PDF Full Text Request
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