Font Size: a A A

Concerning The Improvement Of The System Of Criminal Witness To Appear In Court

Posted on:2017-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZengFull Text:PDF
Abstract/Summary:PDF Full Text Request
in the fourth Plenary Session of the 18th CPC Central Committee put forward the "trial centered" litigation system reform,theory and Practice on how to define "the trial centered",how to promote the reform and set off a discussion and practice upsurge.As a kind of important legal evidence,the testimony of witnesses has a very important role in determining the facts of the case.In view of the existing difficulties of witness appearing in court has seriously hindered our country construction in the criminal trial reform center litigation process,how to improve our system of criminal witness testimony,overcome the difficult,difficult to the current problems,is one of the important contents in the trial centered litigation system reform.This paper mainly uses the method of horizontal comparison and vertical comparison.Mainly in the transverse research in today's world of criminal witness through the court system of Anglo American law system countries on behalf of the development and current situation of the United States,Britain and France and Germany on behalf of the countries of continental law system of criminal witness system,the longitudinal through the development of the history of China's criminal witness system to talk about the system of criminal witness system to process the progress of China's criminal witness appearing in court and problems.In order to improve the system of criminal witness appearing in court in our country and promote the construction of the trial center of our country,we put forward the experience of the advanced countries and regions in our country.This paper is divided into four parts to discuss.The first part starts from the concept of witness and testimony,the trial center,the testimony of witnesses for the identification of the important role of the facts of the case,and then analyzes the authenticity of testimony itself,this trial is an important way to test the authenticity of testimony.But the problem of witness appearing in court has been puzzling the practical circles,some trial courts try to improve the witness appear in court to promote the substantive trial,as the focus of reform of the trial center to achieve some results.The development of the second part from the court system at home and abroad in some countries and regions and its influence on the trial center,aims to explore how to improve the witness system to promote the construction of Marxist Justice center.The third part combined with the theory and practice of China's current situation and reasons of the witness system to talk about the implementation of the trial center of the active role and hinder the role of the important significance of improving the witness system of socialist construction trial center.The fourth part is the focus of this paper,through the above part of the testimony of witnesses for the identification of important facts of the case,to the reality of our country to witness,for how to solve the difficulty of witness to appear in court,witnesses to make inspection on the court trial is a research topic.The fourth part is to explore the basis of foreign and domestic experience to put forward the solution.The research results of this paper is in the fourth part,first put forward by as soon as possible to establish a suitable condition of our country"witness law",the law should include how to clearly define the court to testify the qualification and scope,clarify the witness protection program,dispel the witness concerns and ensure the witness economic compensation can effectively to achieve promote witnesses willing to testify.Followed by a variety of ways to reduce the number of witnesses to appear in court,so as to balance the number of judicial pressure to promote the concept of key witnesses to appear in court.Explore a variety of witnesses to testify in court,to achieve effective protection,efficient handling,saving the economy of a variety of purposes.Finally,learn from foreign experience in the public prosecutor,other government and social organizations into the compulsory subject category implementation of the witness system and the establishment.of public funds from the maximum protection of the rights of witnesses to testify should not suffer losses.
Keywords/Search Tags:witness testimony, trial center doctrine, the system of witness appearing in court
PDF Full Text Request
Related items