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Forcing The Witness To Appear In Court To Testify System Of Criminal Procedure In China

Posted on:2015-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
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Forcing the witness to appear in court to testify system is the core and focus of criminal trial reform. Whether the principle of direct verbal in civil law or anecdotal evidence principle in Anglo-American law system, all require the judge must face the evidence directly. In the aspect of application, whether witness testifying in court or not has a large relation to the defendant of pledges. In the aspect of the entity, it’s the basis of finding out details of a case and verifying evidences. However, in judicial practice, it’s difficult for the witness to appear in court to against the criminal suspect.The revised criminal procedure law has come into force as of January12013. According to the modified points, we can find that the criminal procedure law has provided a set of legal system such as the scope of the witness to appear in court,the exception of witness to appear in court,economic compensation measures of witnesses etc. Analyzing the modified points carefully we can find it’s hard for us to practice the provisions of the article. In the process of applying the provisions, there will be many problems such as the judge’s discretion is too large, has no witness exemption certificate system, compulsory measures is single and span larger etc.Therefore, we must study fundamentally and put forward the countermeasures in order to solve the problems of forcing the witness to appear in court to testify system in China. Firstly, it’s necessary for the police,the procuratorate,and the court to cooperate together to transform the public’s consciousness. Secondly, the discretion of the judge should be limited in order to ensure the judicial justice. Thirdly, some special witnesses should be endowed with the exemption certificate right. The exemption shall include not only the close relatives of, but also special vocational witnesses and other witnesses. Fourthly, the system of compulsory measures must be built.Fifthly, other supporting facilities should be improved. In the witness protection, it is necessary to establish a special witness protection agencies; In the witness economic compensation,we should perfect the related compensation standard and relief measures.
Keywords/Search Tags:forcing the witness to appear in court, discretion right, fromthe privilege of witness, the compulsory measures
PDF Full Text Request
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