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Criminal Witnesses To Testify System Research

Posted on:2015-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2346330536466833Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal testimony of witnesses is a kind of legal evidence type,for plays an important role to determine the case facts.Criminal witness to appear in court not only can help find out the facts of the case,also can ensure adequate for the testimony of witnesses the prosecuting and defending parties cross-examination,guarantee the litigious rights of the defendant,ensure the fair and efficiency of criminal proceedings.In the judicial practice,the witness to appear in court,in court rate is low.Newly revised in 2012 of the criminal procedure law of the People's Republic of China and relevant judicial interpretations,the witness to appear in court in judicial practice has certain improvement,but the problem is still very serious.This article mainly has the following basic parts:The first part of this article,the main is a summary of criminal witness to testify.Including the definition of the concept of criminal witness,the meaning of criminal witness to appear in court to testify,the meaning of criminal witness to testify.Criminal witness to appear in court with multiple meanings,can help to find out the case facts,protect the rights of litigation,maintaining fairness and justice of judicial environment,efficient handling of judicial cases.The second part,this paper mainly analyzes the present status and cause analysis of criminal witness to appear in court.To appear in court,in court rate low status in the new "criminal procedural law" and relevant judicial interpretations issued after a certain improvement,but didn't get the fundamental change.Legislation,the contradiction of the system of witness protection and witnesses to appear in court economic compensation system is not perfect,the judicial organs and social factors are the problems of blocking the witness to appear in court.In this paper,the third part,mainly on the analysis of the scope of the witness system,including the Anglo-American law system and continental law system characteristic of the witnesses to appear in court system of main countries.Through the analysis of the main countries in the world the characteristics and advantages of the witnesses to appear in court to testify system,which can absorb and the introduction of foreign outstanding system,to perfect our system of criminal witness to appear in court to testify.In this paper,the fourth part,mainly is aims at our country's criminal witness to appear in court and make proposals for the improvement of the system,including legislation system,judicial practice more perfect recommendations.The fifth part,this paper mainly summarized.The witness to appear in court in the judicial practice of China,to appear in court rate is low has long been a problem,we can't avoid it,need to constantly improve it.The witness to appear in court is not only find out the needs of the case facts,but also guarantee the needs of the litigation rights,but also the need of building a socialist country under the rule of law.
Keywords/Search Tags:Criminal witness, Attendance of witness, System perfection
PDF Full Text Request
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