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Study On Stain Witness's Evidence Exemption System

Posted on:2019-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2416330548483133Subject:legal
Abstract/Summary:PDF Full Text Request
witness immunity is a unique foreign litigation system,but our country does not have a clear rule,so the system is a lack of,but the system has a greater impact.This paper introduces the concept of the system of exemption of smuggling witness and its difference from similar system in a comprehensive way,analyzes the nature and jurisprudence basis of the system of exempt from smuggling of witnesses,examines the legislative and judicial practice of system of exemption of smuggling of witnesses outside the field,According to the empirical investigation of the current witness exemption from testifying in our country and the hotpot lacking in the system,this paper puts forward the basic framework of building this system in our country according to the specific national conditions of our country.The common features and rules of exemption system of tainted witnesses outside the territory are studied.Based on the empirical investigation of witness testimony exemption from the current tainted witnesses in our country and the hotpot lacking in the system,the basic framework for constructing the system in our country is proposed according to the specific national conditions of our country.This article through five aspects to study and discuss:The first part is an overview of the system of exemption from tainted witness,and further elaborates the connotation of the system of exemption from tainted witness through its definition and characteristics as well as its differences from other systems.The second part is an empirical investigation on the system of exemption of testifying witnesses in China.From the empirical research,this paper examines the exemption of testimony of witnesses on the stain in China's criminal legislation and criminal justice practice.Through case-based summarization and empirical interview,It is concluded that there is no system of exemption of witness testimony in our country's legislation.However,there is still some practice in practice on the system of exemption of testimony against tainted witnesses.The third part analyzes the legal basis of the stigma testimony exemption system,and combines the legislative and practical experience of evidence of the stigma testimony exemption system in the two major legal systems,and summarizes the common features and significance.It was concluded that although the waiver witness exemption system is different from the exemption method and procedure,the value converges.The fourth part is about the establishment of testimony exemption system for China's stain witness.In the first part,it introduces the relevant current situation in our country,and puts forward the suggestion on how to construct the exemption system of Chinese stain witness based on the national conditions of our country.
Keywords/Search Tags:witness immunity, testify, exempt, construct
PDF Full Text Request
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