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On The Witnesses In Criminal System Research

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J H WangFull Text:PDF
GTID:2266330422466807Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witnesses in criminal cases for the smooth play a pivotal role. Modern countrywitnesses in the criminal aspects of the general requirements are relatively consistentwith the laws in this area are relatively healthy. In China, the low rate of criminalwitnesses has been plagued by problems are academics and practitioners. Witness doesnot testify, aggravated abuse of written testimony, increasing the difficulty of the case,can not guarantee the equality of rights of both sides; criminal witness does not testify,the hearsay rule and the cross-examination of the trial rules, and Adversarial lack ofeffective reforms carried out, all this should be solved. With the introduction of the newCriminal Procedure Law of the puzzle to get some improvement, the new CriminalProcedure Law in criminal witness concerning financial compensation, protectionmeasures, etc. With the law, but our country there are still many shortcomings of thissystem should be improved The paper is divided into five parts:The first part is an introduction, the main subject of the article describes the source,purpose and meaning; paper introduces the Criminal Witness System Research;summarizes the complete article by the use of research methods.The second part is mainly on Criminal Witness System overview. On the one handexpounded China’s Criminal Witness System related concepts, on the other handanalyzes the theoretical basis of the system and value.The third part examines two legal witnesses in criminal regime. First, the two legalsystems in criminal witnesses were studied, Second, the provisions of the systems.The fourth part is the analysis of the main reasons for the low criminal witnesses,track traceability. Mainly from the cultural influence, legislative deficiencies, judicial illsand witnesses described the four aspects of their own factors.The fifth part discusses how to improve our system of criminal witnesses. First,improving the basic principles of criminal procedure; Second, improving the socialistmarket economy; Finally, the improving related protective measures.
Keywords/Search Tags:witness, testify, criminal protection
PDF Full Text Request
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