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On The Perfection Of The System Of Witness Protection In Criminal Suit In Our Country

Posted on:2015-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330431997072Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Witnesses to testify in criminal cases is the inevitable requirement of modern judicial practice, theprotection of witnesses has been concerned by a growing number of national laws and institution.It is acivic duty that witnesses to testify in court and we can not lose sight of the protection of the legitimaterights and interests of the witness. Years of judicial practice in China where witnesses repeatedly sufferedabuse, which in large part to obstruct the witness to testify in court or even be scared to testify in court,As a result,it bring about a serious impediment to the smooth development of China’s criminal justice.There are still many shortcomings in Criminal cases of China witness protection system, this article isbased on the status quo of our criminal justice practice and learn from foreign advanced protectionphilosophy and legislative experience, presented preliminary ideas on the perfection of the system ofprotection of witnesses in criminal cases in China.This article is divided into three parts as followings:The first part introduces the basic theory of criminal witness protection, and the current situation ofcriminal witness protection in our country. The witness and testimony of witnesses and the concept ofcriminal witness protection related problems are discussed, and then analyzes the status quo of China’scurrent criminal witness protection, status part is the status and judicial legislation present situationanalysis.The second part, the witness protection system of representative countries and regions wereinvestigated. This part mainly introduces the foreign and Taiwan, Hongkong area of witness protection incriminal cases of advanced legislation experience, perfect supporting measures, the executive body, thebroad scope of protection, and summarizes the experience and Enlightenment of these countries andregions, in order to better guide the witness protection in criminal cases in China in the work.The third part, analysis of the existing witness protection of our country’s criminal procedure law andits perfect. First, analyzed the main problems existing in current Chinese criminal witness protectionsystem, and points out the legislation, the witness protection object, witness protection period, witness protection agency, witness protection measures and other issues, based on this proposed to improve thewitness protection system of criminal action proposals.
Keywords/Search Tags:criminal proceedings, protection of witness problems, improvement measures
PDF Full Text Request
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