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The System Of Witness’s Privilege In Our Country’s Criminal Procedure

Posted on:2017-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:J L ChenFull Text:PDF
GTID:2296330482987613Subject:Law
Abstract/Summary:PDF Full Text Request
The thesis of twenty-seven thousand words consists of introduction, conclusion and the main body which contains five parts.Introduction:The system of privilege is an important part of the system of witness in criminal procedure, is the important reflection of realizing the procedural justice and protecting human’s rights. The Chinese new criminal procedural law established the system of privilege. The thesis, which is in reference on the basis of advanced legislative experience, will offer some suggestion to improve the system of privilege respectively from the angles of the substantive rights and procedure of exercising rights.Part One:The basic theoretical issues of the system of privilege. Privilege is an important right which the law endows the witness. Privilege can be categorized with different standards. The subject of privilege differs from the man claiming the privilege. The system of privilege has positive value and negative value.Part Two:The comparative research between the principle of kin concealment and the system of privilege. The principle of kin concealment originated in the spring and autumn period, and developed to the peak in Sui and Tang dynasties, and then each dynasty followed its basic spirit and system. The system of privilege inherits the spirit of the principle of kin concealment, and differs with the principle of kin concealment in the economic basis, the ideological basis, the character of the system and the contents of the systems.Part Three:The comparative research of the system of privilege in other countries and regions. The thesis will introduce the systems of privilege in other countries and regions, and try to show their characters and the reason of characters in the categorization of the civil law countries and regions and the common law countries and regions.Part Four:The present situation, deficiencies and reasons of witness privilege in our criminal procedure. The new criminal procedural law established the imperfect system of the privilege, which includes the privilege of the close relatives from testifying, lawyer’s right to confidentiality for the client and privilege against self-incrimination. Due to historical reasons, scientific reasons and cultural reasons, the existing system has some deficiencies such as incomplete system, imperfect provisions.Part Five:The improvement of Chinese system of privilege in criminal procedure. To improve the existing system of privilege, the thesis will offer some suggestion from different angles of substantive rights including building a complete system of privilege and procedural rights which are mainly around the court and the witness.Conclusion:Establishment and improvement of the system of privilege will provide another important legal guarantee to realize the procedural justice and fully guarantee human rights, and has an important significance to maintaining a certain social relationship and some value. That also reflects the progress of human civilization. Our country need to improve substantive rights and the procedure of exercising rights in the existing system of privilege in the future.
Keywords/Search Tags:privilege, privilege of family relationship, privilege of professional relationship, privilege of public interest
PDF Full Text Request
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