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Improper Statements By Criminal Victims Lead To Miscalculations

Posted on:2018-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2356330515478914Subject:Law
Abstract/Summary:PDF Full Text Request
Improper statements of the victim have an unshakable responsibility for a lot of misjudged criminal cases.The victims often make improper statements intentionally or unintentionally.The investigative organization sometimes collect the victims' testimony undeservedly,such as the behavior of collections is not in accordance with the law or not objective,comprehensive or timely,which may lead to the statements of the victims untrue,what's more,the procuratorial organs don't examine the victims' testimony strictly during the prosecution phase so that the improper statements enter into the court.During the trial phase,the victims often do not appear in court and our country hasn't the relevant regulations about the cross-examination procedure of the victims' testimony,which lead to the victims' testimony cannot be effectively cross-examined and then we hardly know they are true or not,if the court adopts the improper statements,the misjudged criminal cases will appear.So we should take measures to prevent the victim's statement from causing misjudged cases.Firstly,we can prevent the victim from making false statements by strengthening the legal education and punishing the behavior severely when he makes a false statement.Secondly,the investigative organization should establish procedural justice idea to guide the behavior of the evidence collection and we should improve the illegal evidence exclusion to force the investigative organization collect the evidence legally.Thirdly,the procuratorial organs should comprehensively review the victims' statements and prevent the improper statements from entering into the court.Establish the victim statement reinforcing rules to judge the value of the victims' statements and prevent the statements as the only evidence for use.Fourthly,establish the principle of direct verbal trial and the cross-examination system of the victims' statements to make the victims' statements can be cross-examined effectively.
Keywords/Search Tags:The improper victim's testimony, misjudged criminal cases, the collection of victim's testimony, the review of victim's testimony
PDF Full Text Request
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