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The Improvement Of The System Of Criminal Witnesses Testifying In Court In Our Country From The Perspective Of Case

Posted on:2019-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:L LeiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Criminal witnesses to testify system as the main content of criminal evidence system,is the direct rhetoric principles,the theoretical basis of litigation justice and human rights protection concepts and set up,in the whole criminal procedure has the effect that cannot ignore,it is to realize the procedural justice and substantive justice of criminal procedure,completed trial centered trial reform of the system and achieve the goal of building the rule of law and protect human rights in our country are of great significance.The system of testifying witnesses,witnesses,witnesses appearing in court,witnesses testifying in court,protection of witnesses testifying and economic compensation for witness testifying.In China for a long time,there has been witness to testify in criminal judicial practice difficult problem to effective implementation,although in 2013 the new "criminal procedural law" the witness to testify system had more the improvement of the system,but there are still many problems on the witnesses to testify not radically solve.Investigate its reason,on the one hand,because of the criminal lawsuit of our country has not yet clearly establish the principle of direct verbal,in solving such as:how to limit the judge witness to testify in the decision on the issue of independent discretion is too big,to ensure respect for parties' procedural rights necessary on such issues is lack of sufficient consideration;,on the other hand,the change of the new "criminal procedural law" in the protection of witnesses and on the regulation of economic compensation is not perfect,too narrow scope of the condition of witness protection,to witness for economic compensation such as unclear procedure of legislative omissions made the witness testify the performance of obligation can not get effective protection and compensation.It can be seen that our country's criminal witness system is not complete.This paper by Xia Junfeng intentional homicide,Zeng Aiyun?Chen Huazhang intentional homicide and Zeng mouwu to retaliate against the witness case perspective,from its reflects our country exist in the system of criminal witness to testify the judge to determine whether or not the witness to appear in court to testify,witness protection system has a great control two big legal issues of the shortcomings,more comprehensive specific points out that our country's legal problems in the system of criminal witness to appear in court to testify,and puts forward to establish the principle of direct verbal trial ways to effectively solve the witness should testify conditions exist defects,forcing the witness to appear in court to testify the legal situation of problems need to be improved,To achieve the effect of the effective restraint of the judge in determining whether the witness will testify in court,and to ensure the execution of the witness in the criminal justice practice;In order to improve the system of witness protection way to testify in the witness protection oversight problems,by way of perfecting the system of economic compensation to solve the problems to be solved are to testify the witness economic compensation,in order to safeguard the criminal witness to testify in the implementation to provide security in judicial practice,so as to complete study on perfecting criminal witness to appear in court to testify system in China,in order to give a bit of effort for promoting our country's rule of law process.
Keywords/Search Tags:The Witness, To Testify, Compel The Witness To Testify In Court, Witness Protection
PDF Full Text Request
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