Font Size: a A A

The Present Situation Of China’s Criminal Witness To Testify In Court System And Perfect Ways

Posted on:2015-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:J XiaFull Text:PDF
Abstract/Summary:PDF Full Text Request
In our criminal law system,witness system is an important part of the law of evidence.Asking the witness testifying in court has been many countries’choice.It is the objective requirement of the current trial practice.The protection of the witness system in more and more countries has also been legalization and standardization.When we highlight the duty of the criminal witness to testify in court,the protection of witness can not be overlooked.Since 1996 the 《Criminal Procedure Law》 has made the great innovation of the trial mode,the most obvious one is the inquisitional into adversary.The witness testify in court to accept inquiries is the unavoidable demand of the adversary trial.However, due to different causes such as law is not perfect,the social and the witness themselves,China’s current criminal witness testifying in court rate has lasted low for a long time,The witness also dare to testify in court,this is a major problem in the activities of criminal trials in China.Criminal witness unwilling to testify in court not only break balance of power between the parties,but also spurn the legal rights,impact the reasonable judgment.Therefore, the author thinks that it is necessary to make more comprehensive and in-depth thinking on how to build and perfect our testifying system,analysis of some problems stemming from the legislative, judicial, social and other facets,and put forward my opinions on how to construct and perfect the system of the witness testifying in court.This thesis is split into four sects.The first part is the basic theory and the value of witness testifying in court.The witness testify to accept the prosecution and defense question,can help the judge make direct perception,the comprehensive analysis, accurate cognizance of the case facts,to make a fair decision.It is not only the demand of direct speech,but the maintenance of the defendant’s legal rights as well,to improve the efficiency of litigation of our country,to improve trial mode gradually in China.The second part,from the application of the new "Criminal Procedure Law" in 2013 as the background to analyze the long-term low rate of criminal witness.The criminal witness testifying rate is extremely low,which seriously prevents the reform of court trial mode.Therefore, it is very urgent to solve the witnesses to testify in court.In order to solve this trouble,it is essential to find out the causes of problems. Our country’s law is not perfect,the judicial organ limitations and Chinese traditional "detesting lawsuit" thought in detail, expounds the reasons of lower rate of criminal witness to appear in court in our country.The third part, through the comparative analysis of criminal witness system both in common law system and the continental law system country,introducing the characteristics of several countries regulate testimony system of witness,including the qualification of witness,forced witness refuse to testify in court and its consequences,the economic compensation,The witness’s personal safety protection policy,and the Immunity system of tainted witness,finally come for our legal reference.The last part is to put forward some suggestions on how to perfect our system of criminal witness’s testimony.Low rate of witness’s testimony in our country, the key lies in the witness’s testimony system in China is not perfect.For solving this problem as soon as possible, the author thinks that should focus on the sects of legislation and judicature.First of all, from the legislative level,mainly introduce the key witness and range of the witness,the significance and value of compulsory witnesses.The second is the recommendation of ways to protect witnesses,to enhance the current legal regulations.Then the specification and amendment of the economic compensation system,mainly the pragmatic manipulation process.The other one is the witness system of extraterritorial law of tainted witness,try to talk about the possibility of constructing this system in our country.Establish and enhance the system of our country’s criminal witness to testify in court as soon as possible plays an important role in improving the current problem of low rate of witness to testify.Therefore,the author hopes that we can soon improve our witness system through the way of improving the judicial interpretation in the implementation of the new "Criminal Procedural Law",eventually dispose the dilemma of low rate of witness to testify to obtain the very good solution.
Keywords/Search Tags:testify in court, the witness protection, economic compensation, the Stain Witness Testimony
PDF Full Text Request
Related items