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Legal Countermeasures Research Of Witnesses To Testify In Court During The Criminal Procedure Practice

Posted on:2016-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Q CaiFull Text:PDF
GTID:2296330503950148Subject:Law
Abstract/Summary:PDF Full Text Request
The System of Witnesses to testify in court, is a basic requirement for modern court system, is one of the key factors in criminal trials to achieve an open, fair and impartial, with the deepening of China’s criminal justice reform, reform of the "trial centered" system of criminal procedure for the establishment witness System provides intrinsic motivation and practical needs, a complete system, including at least three witnesses to testify that is clearly part of the scope of witnesses to testify, effective witness to testify safeguards and procedures reasonably witnesses to testify. Second amendment of "People’s Republic of China Criminal Procedure Law" on Witness System made March 14, 2012 a series of new regulations to achieve a breakthrough in the legislative level, but the effect of grassroots judicial practice, the witness attendance rate, appearance and other conditions did not satisfactory obvious change, this article intends to depart from the grassroots judicial practice, the perspective of grassroots judicial workers, the attendance of witnesses in criminal proceedings to explore the causes of the problem, to explore legal solutions to this problem, with a view to grassroots judicial practice have a positive effect.The structure of this thesis is as follows:The quotation of this thesis briefly raises the core of Witnesses to testify in court and China’s breakthrough in the legislative level Witnesses to testify in court in the modern criminal proceedings, but also from the perspective of the judicial practice in Witnesses to testify in court is facing many difficulties in judicial practice because by exploring the attendance of witnesses in criminal problems, and to explore legal solutions to this problem.The text is divided into four chapters. The first chapter of Witnesses to testify in court, introduced the development of the new Code of Criminal Procedure in Witnesses to testify in court of Witness System Construction and related supporting systems from the legislative level. The second chapter summarizes the extraterritorial National Witnesses to testify in court. in the full comparison, discrimination on the basis of reference, summarized the Improvement of Witnesses to testify in court of for inspiration. The third chapter introduces the situation and problems of the judicial district in Guangzhou, a practice found from the legal aspects of the social dimension and constraint of Criminal summarize the reasons for the attendance of witnesses and analyzed. The fourth chapter found in judicial practice, combined with China’s judicial system, the corresponding countermeasures from the legislative level, the level of judicial and law enforcement level, in order to gradually improve, to address the plight of Criminal Witness System faces.Conclusion: sum up and summarize the full text.
Keywords/Search Tags:Criminal proceedings, Witnesses to testify in court, judicial practice, reason, legal countermeasure
PDF Full Text Request
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