The Research Of The Criminal Witness’ Occupation

It is the testimony of witnesses that has an important role in discovering the truthof the case, for every citizen has legal obligation to testify. In fact, many witnesses,for emotional and moral reasons, do not want to testify. Some of them have their ownethical obligations of confidentiality and they refuse to testify, which is an importantpart. Whether national public authority can enforce these witnesses to testify?Criminal witness’refusal can better safeguard the relationship of trust betweenpractitioner and client, promoting the law profession better development andprosperity. However, it is also possible to make some of the perpetrators escape thepunishiment from law, resulting in failure to achieve justice. The new CriminalProcedure Law of2013clearly states the the right of attorney client to refuse testify,which is a breakthrough in China’s professional refusing to testify rights system.While,can the other professional body enjoy this right? It requires our legislators toweigh the interests of different fields and conduct in-depth analysis and discussion ofthis theme.This paper is divided into four chapters. The first chapter introduces the basicconcepts of the career rights of criminal witness to refuse witness, as well with itsoccupational history and current situation. The next chapter introduces the generalrules of the career rights of criminal witness to refuse witness,. This chapter discussesin detail the definition and the featureas and the importance of professional trust ofvocational exchange, which is the basis of the career rights of criminal witness torefuse witness. For career right to refuse witness is from the West, so the third chapter conducts a study on the criminal occupation to refuse witness and its developmentand the legitimacy of its existence. Finally, according to China’s actual situation, theauthor puts forward sound principles to promoting the system, and recommends thatChina should clarify better the scope of the right body. And the author habors that aprofession of criminal psychologist may be considered to criminal witness to refusewitness...