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Perfections Of The Witness Appearing System Under The Trial-centered Background

Posted on:2018-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2346330512459429Subject:Law
Abstract/Summary:PDF Full Text Request
In June 2016, Central comprehensively deepen reform leading group for the 25th meeting deliberated and adopted the Opinions on Promoting the Reform of the Criminal Proceedings System with Trial as the Center. The reform of the trial-centered lawsuit system emphasizes the importance of giving play to the role of the trial. In which the Article 12 clearly stipulates to improve the system of witness presenting at court, and to improve the rate of witnesses appearing in court. Low ratio of witnesses appearing in court has always been the problem in judicial practice of our country. In order to promote the trial-centered lawsuit reform, we must strictly follow the requirements of the opinion, strictly regulate the court proceedings, standardize the court investigation, strengthen the pre-trial preparation process function, implement the system of forcing witnesses to testify in court, improve the protection of witnesses and witnesses compensation, and improve the rate of witnesses appearing in court.To improve the system of witness appearing in court under the trial-centered background in our country, we should analyze the current situation and the existing problems of the system of witness presenting at court. Through the investigation and analysis,some shortcomings are found in the system of the witness appearing to our country. in the judicial practice, the judicial authorities don't want witnesses to testify in court because of handling pressure; witnesses are not willing to testify in court in consideration of their own security, and the pretrial testimony replaces the use of testimony at court in practice, which causes the problem of low rate of witnesses in our country has not been solved. Relating the existing problems in practice, we can improve the system of witness presenting at court from four aspects. The First of all,improve the pre-trial meeting procedures and forensic investigation procedures,strengthen the role of the pre-session meeting, and standardize the court cross-examination. Secondly, improve the system of forcing witnesses to testify in court. the law should make clear stipulation about the scope of witness presenting at court,to restrict the discretion of the judge. improve the measures of forcing witnesses to testify in court; define the exception and exemption of witness presenting at court clearly. Thirdly, clear pre-trial testimony, and limit pre-trial testimony usage of. Clearly the witness refused to appear in court the effectiveness of pre-court testimony, the witness should testify in court under the statutory circumstances,if the witness who testify in court under the statutory circumstances refuses to appear in court without justified reasons, regardless of the authenticity of the witness testimony, thire pre-court testimony can not be used for the basis of verdict. Fourthly, strengthen the protection of witnesses and economic compensation. Expand the scope of witness protection,clarify the content of witness protection, increase the scope of witness protection cases and protection measures, and define witness protection procedures and protection subject. Establish the special funds for witnesses allocating mechanism; the special funds will be defrayed by a government grant, and the earmarked fund will be used for its specified purpose only, to strengthen the economic compensation for the witness.
Keywords/Search Tags:criminal proceedings, trial-centered, witness, testify in court
PDF Full Text Request
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