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The System Of Criminal Witness Appear In Court

Posted on:2018-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:L L LouFull Text:PDF
GTID:2346330536985304Subject:Law
Abstract/Summary:PDF Full Text Request
It is a common phenomenon in our country's criminal judicial practice that the difficulty of witness appearing in court and the low rate of appearing in court are related to the system of witness appearing in court.This paper attempts to elaborate on the significance of the witness in court in criminal proceedings,and then comb the status quo and problems of the system of witness in criminal proceedings in China and put forward some suggestions.This article is divided into three parts:The first part expounds the significance of the witness appearing in court in criminal procedure.The appearance of witnesses in criminal proceedings is of great significance in helping to find out the facts of the case and strengthening the protection of human rights.At the same time,it is also helpful to implement the principle of direct speech,and it is also the inherent requirement of the adversarial trial system.The second part expounds the present situation and problems of the system of witness appearing in court in criminal procedure of our country."Criminal Procedure Law" fifty-ninth stipulates that the testimony of witnesses must be used to prove the facts of the case after the court cross examination,while the provisions of the 188 th,citizens have the obligation to testify in a particular case.However,in our country's criminal procedure,the system of witness appearing in court has not been fully carried out,and the rate of witness appearing in court is very low.The criminal witness system has a series of problems,mainly is not clear for the principle provisions of a basic principle,the witness is not perfect,the protection of witnesses is too general,witness economic compensation provisions are not detailed enough.The third part puts forward some suggestions on the perfection of the system of witness appearing in court in criminal procedure.These four aspects are: first,clear the principle of direct verbal,this principle as a basic principle of China's criminal procedure law to be thoroughly implemented.Second,to improve the witness forced to testify in court,the witness to cooperate with the court to testify in court,consciously fulfill their obligations.Third,refine the provisions of the protection of witnesses,witnesses in court when there is no worry,the testimony is not affected by external factors.Fourth,refine the provisions of the economic compensation for witnesses,advocate the witness to cooperate with the court to testify in court,to avoid the witness to testify in court by the economic losses.
Keywords/Search Tags:Criminal procedure, the system of witness appearing in court, the principle of directness and verbalism
PDF Full Text Request
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