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Improve The Study Of Criminal Witnesses Appearing In Court

Posted on:2017-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:X C HuFull Text:PDF
GTID:2356330518491113Subject:Law
Abstract/Summary:PDF Full Text Request
In criminal cases,the testimony of witnesses often influence the final verdict of the case,its importance is self-evident.It should be said that the testimony of witnesses in criminal cases,the public security departments to ascertain the facts,clear facts,apply the law correctly,so as to realize fairness and justice has very important value.But in the judicial practice in the current situation of witness has been difficult,low ratio of bearing witness in is always a problem in front of us.2012 in March,China's new Criminal Procedure Law issued revised "to revise and improve the system of criminal witness appearing in court,but in practice,there are still not enough operable strong,fuzzy concept and definition,the scope of protection is too narrow and other defects.This paper aims to analysis based on the existing system,learn from foreign practices and institutions,do some reflections on issues related to criminal witness.In order to improve the system,more scientific and justice of criminal procedure is reasonable to carry out suggestions.This article is divided into four parts:The first part is the definition of criminal witness system.From the witness the meaning,scope and conditions of the three aspects of the necessity of court system of criminal witness,provide the basis for the following research.The second part is the empirical analysis of the system of criminal witness appearing in court.The formation and development of the system from China's criminal witness,the main content and the problems of the three aspects of the evaluation and analysis of the existing system of our country,find out the problem.The third part is the foreign criminal witness appearing in court system for reference and inspiration to our country.The analysis of the common law,the continental law system on behalf of the country's existing system,and discusses the perfect our country criminal witness to appear in court system.The fourth part is some suggestions on perfecting the system of criminal witness appearing in court.In order to perfect the legislation,establish incentive binding system,perfecting ofprivilege of criminal witness,the four aspects of the witness protection system in China are proposed in the existing system,in order to further improve the legislative and judicial process,so as to improve the rate of witness appearing in court,truly realize the "trial centered" litigation system.
Keywords/Search Tags:criminal witness to appear in court, Empirical analysis, the Suggestions
PDF Full Text Request
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