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Perfect The System Of China’s Criminal Witness Protection

Posted on:2016-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:M M SunFull Text:PDF
GTID:2296330461451347Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence in criminal litigation plays an important role in the process, who mastered sufficient evidence, who can win in the lawsuit. Evidence in criminal litigation plays an important role in the process as a kind of evidences that has been widely used and it helps to find out the finally truth. As an important participant in the criminal proceedings, witnesses, whether talk about the facts of the case before the court, or testify in the court and the witness participate in the trial will help promote the progress of criminal procedure. Witness protection system is an important content of the modern legal system, is the necessary requirement of protecting human rights, is helpful to realize fairness and justice. However, judicial practice in our country faces a problem is that the witness out of concern for their own safety and don not want to appear in court, the serious problem influences the smooth progress of the criminal justice activities, also affects the entire society’s confidence in the rule of law. Ultimately, the causes of this situation has a lot, such as people afraid to make himself and his family to suffer not only personal but economic damages. Influenced by environment relationships,the witness worry about that after the trial his circle of interpersonal relationship will be badly hurt or affect their own interests. Influenced by the Confucianism reconciliation and the concept of social harmony, and so on. But I’m afraid that the main reason is the system problem, our country’s criminal witness protection system is not perfect. The first of the reason is that the law is not completed, is too comprehensive and too principle. Then the second reason is that the law enforcement is lax, due to the omission of legislation is not perfect lead to law enforcement lack of the basis, it is difficult to achieve the ideal effect. The third reason is due to the issue of the witness protection law, nobody can deny that our law did not attach enough importance to protecting the witness in order to the witness is more and more afraid to testify or unwilling to testify. There is no doubt that the criminal witness protection system in China has faced many deficiencies, urgently need to be further perfected. In this paper, based on the points, draw lessons from other advanced countries under the rule of law protection concepts and legislation experience, in order to put forward the witness protection system of our country in criminal cases. From the structure, the article is mainly composed of four parts. The first part is that overview of criminal suit system of witness protection, the second part will statement the witness protection system of the main countries and regions, in order to get the enlightenment for our country’s witness protection work. And then statement the present situation and problems of our country’s criminal witness protection system. In the last, put forward some ideas to improve the system of criminal witness protection in our country.
Keywords/Search Tags:criminal procedure, witness, protection, system, perfect
PDF Full Text Request
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