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The Research Of Witness Immunity

Posted on:2013-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L Y FengFull Text:PDF
GTID:2296330362963911Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness immunity originated in the United Kingdom, then was established anddeveloped in many countries and regions, and the United States make the most specificprovisions about the immunity. There is no law system about witness immunity in ourcountry,but we use witness immunity in many cases and it can help us to prove the fact. Atthe same time,these provisions increase the difficulty of the preventing crime.However,thewitness immunity system can solve that problem. From the beginning of the witnessimmunity,the argument about it has never stopped.Its advantage of increasing efficiency isoutstanding,but to a certain extent it harms the justice of jurisdiction. With the contrastbetween the increasing criminal cases and the limited jurisdictional resources,the adoption ofthe immunity of witness is the makeshift but rational.To establish the witness immunitysystem,firstly it should establish the benefits balance principle. Secondly it should definitelythe condition that the system applies. Thirdly we should adopt the limitary immunity.Fourthly the prosecutor starts up the stain witness testimony system.The court has the judicialreview of the system,for ensuring the system applies in the practice correctly.Lastly weshould establish the complete set to ensure the system function in the judicatory fulfillment.
Keywords/Search Tags:Tainted witness, Immunity to testify, Construction
PDF Full Text Request
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