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A Study Of Witness Appearing In Court In Criminal Procedure Under The Vision Of "Trial Centered"

Posted on:2019-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
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In order to increase the rate of testimony of witnesses appearing in court,improve the level of court trials,promote the smooth progress of the reform of the“ trial centered” criminal trial system,and ensure that the relevant legal rights of defendants are respected and can be exercised normally,the Supreme People's Court,The Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice jointly issued the "Opinions on Promoting the Reform of the Criminal Proceedings System Focused on Trial"(hereinafter referred to as the "Two Opinions of the Three Houses"),and the curtain of reform of the criminal procedure in China follows.The process of opening witnesses and perfecting the testimony system for witnesses has also begun.This article is based on the current "trial-centered" background of criminal litigation reform,analyzes and interprets the latest policy documents,and evaluates them in a certain way.At the same time,the article combines the research findings of relevant experts and scholars,from the following This section discusses and analyzes the current system of testimony for witnesses in criminal proceedings in China:The first part is the summary of the witness system in court in criminal procedure.It mainly introduces the connotation of the system of witnesses appearing in court in criminal proceedings and the related legal provisions of witnesses appearing in criminal proceedings in China.From the conditions of witnesses appearing in criminal proceedings,the legal consequences of witnesses not giving evidence in court,witnesses' rights to “rejection of witnesses” within a certain range,protection measures for witnesses,and economic compensation for witnesses,etc.,to China The current criminal witness witness system is introduced in court to give a more comprehensive introduction,and through the introduction of the relevant provisions of China's current criminal litigation witness testimony system,it leads to the following analysis of the problems existing in this system.The second part is the two most recent criminal penalties for the “Two Houses and Three Opinions”and the Supreme People's Court's “Implementation Opinions on the Comprehensive Promotion of Trial-centered Criminal Procedural Reform ”(hereinafter referred to as the “Supreme Law Opinion”).The introduction of the new requirements introduced by the witness testimony system in relation to the system of testimony for witnesses in criminal proceedings emphasizes the need to reform the system of testimony of witnesses in criminal proceedings in order to conduct fair and reasonable criminal trials under the guidance of “ with trials as the center”.The importance of it,its perfection has a significant value that can not be ignored,in order to effectively protect the defendant's relevant litigation rights,ensure that the court ascertains the facts and eliminates defects,and enhances the operational capacity of the trial authorities to prevent the occurrence of false positives and wrong cases.The problems that existed were solved in a timely manner,and the existing deficiencies were promptly improved.The third part mainly summarizes and analyzes the problems still existing in the current criminal litigation reform,starting with the four main bodies of the legislature,judges,witnesses,and judicial organs,and summing up the present system of the Chinese government that is contradictory and unclear in the law.Unclear and imperfect;on the judge's part,the current judge ' s case is still relying on written witness testimony to rely on witness statements in lieu of witnesses to testify;in the witness' s own opinion,witnesses do not recognise the importance of appearing in court to testify.Meaning,analyzing the impact of society and itself on testimony of witnesses and finding out the relevant reasons why witnesses do not want to appear in court;at the level of the judiciary,the judiciary believes that the judiciary is not able to notify witnesses to testify because of efficiency and the case is within their own control.Enthusiasm.Through analysis of the problems in the above aspects,the following introduction to foreign advanced experience is drawn,and through comparison,relevant measures and measures to improve this key system in China are found out.The fourth part focuses on the civil law system and the Anglo-American law system.It discusses the relevant provisions and practices of foreign countries with different legal systems on this system,mainly through the introduction of relevant principles for criminal trials,the identification of witnesses,and the identification of witnesses.The protection of witnesses and the exceptional circumstances of witnessesappearing in court,etc.,from which to find out that China has a great advantage in perfecting this system,the stones of other hills can be used to attack jade,and it is hoped that the introduction of foreign advanced practices can further promote our country.The improvement of legislation will certainly help.The fifth part mainly aims at some of the suggestions put forward by the questions,and proposes perfect opinions from the point of view of the witnesses themselves,judges,defenders and the state.In particular,it proposes to formulate a comprehensive legal provision to require the comprehensive and effective conduct of witnesses to testify in court.,and talked about legislation that must be clarified from the aspects of direct and verbal principles,the scope of witnesses that should appear in court,the implementation of witnesses' mandatory enforcement rules,the witness' s “rejection right”,the protection of witnesses to testify in court,and the economic compensation mechanism for witnesses to testify in court.In summary,through the introduction of the current trial system for witnesses in criminal proceedings in China and the ongoing reform of criminal trials led by China's “trial-centered” approach,the strengths and deficiencies of reforms are analyzed,and combined with advanced foreign technologies.Legislation and practical experience,so as to propose corresponding solutions to the problems analyzed in the text,combined with literature research methods and other research methods,draw lessons from the research results of existing scholars,and try to further the testimony system for criminal witnesses in court in China.China's development and improvement have contributed to a meagre effort,and also hope that the country's next trial-centric criminal litigation reforms can take a bigger step forward,making this system an indispensable part of criminal litigation.It provides a strong guarantee for the process of governing the country according to law and truly implements the instructions and requirements put forward by General Secretary Xi Jinping so that the people can feel fairness and justice in every case.
Keywords/Search Tags:Judicial Center, witnesses appear in court to testify, system perfect
PDF Full Text Request
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