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A Study Of The Testimony's Evidence Capability In Criminal Procedure When The Witness Is Absent Form The Trial

Posted on:2018-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z F YuFull Text:PDF
GTID:2416330542458401Subject:Law
Abstract/Summary:PDF Full Text Request
The witness court is the requirement of the criminal evidence system.With the development of modern trial mode.the witness court system has become a very important aspect in the legal system of criminal procedure.Theoretical scholars clamor for the witness to testify is more and more intense.especially the witness to testify.forcing the witness to appear in court system.and does not appear in court testimony of witnesses the problem such as evidence of the ability that is becoming a hot spot theory.universal attention by academic circles.More and more scholars advocate achieve litigation evidence,such as testimony of witnesses in the courtroom cross-examination.is the necessary requirement of forming criminal procedure law evidence system development.is the key of the perfect criminal procedure law in evidence system.In the judicial practice in our country.the judicial power of the exercise of inadequate or improper exercise.cause most of the trial of criminal cases become a mere formality.the use of evidence in the court on the application failed to achieve the desired legal effect.failed to achieve real impartiality of the trial.In particular.the ambiguity and uncertainty of the identification of the evidence of untestified evidence in the witness stand in a very awkward situation.If there is no evidence to testify against the witness.the court will rule out the absence of the testimony of the witness.and the criminal prosecution will not be guaranteed.Of course.it would also affect the quality of criminal cases.if there was no evidence of any difference.Therefore.this paper studies the evidence ability of unproven witness testimony and hopes to provide some constructive Suggestions for the operation of judicial practice.
Keywords/Search Tags:absengt from the court, witnesses testimony, evidence capability
PDF Full Text Request
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