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The Legislative Research On The Protection Of Human Rights Of Chinese Criminal Witness

Posted on:2013-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhuFull Text:PDF
GTID:2256330425989992Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As an important participant in criminal litigation, the witness shall enjoy both the natural person’s right and the litigation rights as a litigant participant. To protect the human rights of criminal witness, is not the inevitable choice to guarantee the smooth criminal action, but also the inevitable requirement to carry out the constitution spirit of human rights. However, China’s current legislation failed to provide substantial guarantee for the witness’s human rights. We lack a complete and effective criminal witnesses human rights protection system. On the basis of the existing legal provisions in witness protection, this paper sums up the existing legislation problems of our witness human rights protection, and analyses the causes of the problems. What’s more,the thesis has made a comparison between foreign criminal witnesses human rights legislation advanced experience, based on the situation of our country, in forms of the legislation mode, legislative principles, the legislation content, improved the countermeasures to our criminal witnesses of the legislation of human rights protection, so as to provide complete legal protection to guarantee human rights in China’s criminal witnesses.By combining application of case analysis, comparison and literature analysis, the main content of this text includes four following chapters:The first part defines the concept of human rights and criminal witness rights, at the same time on the criminal witnesses the general theory of human rights protection are introduced; the second part focuses on the witness protection of human rights in China’s criminal legislation present situation, and on the causes for analysis; the third part describes the major countries of two important legal systems of the witness protection legislation, in contrast analysis, talks about the advanced experience of enlightenment from the foreign legislation of our country. The forth part from legislation pattern, the principles, contents three aspects puts forward the legislation countermeasures to perfect our country’s criminal witness protection of human rights. The article briefly summarizes the conclusion of the main focus of this study, and the future study puts forward the idea of feasibility, and points out the shortcomings of the research, and hopes that the scholars can further later supplement and complete.
Keywords/Search Tags:Human rights, Criminal witnesses, Legislative protection
PDF Full Text Request
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