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An Empirical Study On The Witness Testimony System After The Implementation Of The New Criminal Procedure Law

Posted on:2016-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2356330482958141Subject:Procedural law
Abstract/Summary:PDF Full Text Request
How to increase the rate of witness to testify has become a big difficulty in the system of our country's criminal procedure reform. in 2012, our country got a more important points, and the reform of the system of witness to testify is a highlight of this revision. To the rights and obligations of the witness 'qualification and scope, the protection of witnesses and subsidies to the relevant provisions. In this paper, the author will combine their own working practice, aiming at the condition of the witness to testify in practice at the present stage in China to conduct research and analysis on some of the outstanding problems, and put forward reform on the basis of perfecting.The text is divided into three parts, respectively:The first part, we talk about the current situation and problems of the witness to appear in court, although points modified had great progress, But the witness to testify in the judicial practice is still a difficult problem, low rate of witness to testify have no substantive change.In the second part, the author have done a research combinationing with working practice, puts forward the prominent causes of the witnesses to appear in court system in China. Includes the following aspects: the first is legislation, while the present legislation on the regulation of the witness to appear in court system have been a lot proved, but many problems still exist, the provisions are abstract and general, and the principles are too strong, the lack of operability in practice needs refinement. Second is the judicial factor, judges and prosecutors don't want to be witness, investigation organ personnel law enforcement level and uneven, lose to protect the witness. The third is the witness his existence. The legal consciousness of our citizens is generally are relatively weak, understanding of testifying is not enough, and there is a big concern to testify.The third part mainly combined with the problems arising from the practice, puts forward proposals to reform the perfect. We should first have to perfect the legislation, to perfect the procedure of the witnesses to appear in court to testify, clear in the scope of the witness, the witness of the law, strengthen the didn't appear in court and to further improve the protection of witnesses to testify; The second is to ensure the judicial justice and raise the level of courts of law enforcement and the legal profession person's professionalism, the last is to strengthen the witness their legal literacy.
Keywords/Search Tags:witness to testify, To appear in court rate, right of confrontation
PDF Full Text Request
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