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Study On Children Witness System

Posted on:2018-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:W LuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Children witness system is an important part of evidence system.In the present situation of our country,there are very few current legislation and judicial interpretation of the children witness 'qualification,children's witnesses,children witness protection and other relevant regulations.It is unable to lead to practice.At the same time,a lot of people don't attach importance to children's testimony in the judicial practice.This is not conducive to give full play to the role of children witness in litigation proof,also unfavorable to protect the legitimate rights and interests of children witness.While children are young,perception and expression ability is insufficient,but this can not deny that children should play a role as evidence method.In a variety of situations,children special physiological and psychological characteristics should not become obstacles which prevent children to testify.On the contrary,in many cases,children witness can effectively help the court to find out the truth case.In addition,the rate of the witness to testify is very low in our country at present.If we can improve the system of child witness,especially by making the design of children witness system based on the characteristics of the children,and to make full use of the child witness litigation proof,the rate of the witness to testify will be improved.Based on these considerations,This article attempts to focus on the key link in the system of witness to discuss the improvement of the system of child witness.To study on the related theoretical analysis and to put forward some ideas of perfecting our country's system of child witness,which in order to contribute an own strength to socialist rule of law in our country.In this paper,the body is made up of three parts.The first part mainly is the study of children witness qualifications.Through the Anglo-American law system and continental law system about children witness qualification rules,provisions about our children witness qualification and the relevant situation,discuss the qualification of children t witness in our country,which the interrogation person should estimate that whether the children have the ability to understand the questions.And whether the children witness have certain language expression ability.The second part is mainly about children witnesses' rules.Witness rules mainly include collection of children's testimony,children's judging testimony of witnesses to testify,compared with outside areas,the rules about children witness to testify in China is proposed to establish the relevant measures,to improve children's testimony collection system and the specific technical level,and improve the standard of children witness to testify.The third part mainly is the study of children's witness protection,this part mainly reviews the shortage of the legislation about children witness protection at the present stage in China,based on the relevant maturity measures of outside areas,to build the related system of our country's measures about children witness protection.
Keywords/Search Tags:Children witness, The witness qualification, Witness rules, Witness protection
PDF Full Text Request
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