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Research On The Testimony Of Key Witnesses In Criminal Cases In China

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330566493872Subject:Law
Abstract/Summary:PDF Full Text Request
Key witness' s testimony is very important one type of criminal litigation evidence,key witnesses to testify that is to strengthen the witness testimony,however,for a long time,no matter from the criminal litigation legislation and judicial practice,the definition of the key witnesses testified and has always been a difficult problem.Imperfect legislative and judicial flaws,make the key witnesses to testify rate has been very low,this article is divided into four parts,the analysis of situation both at home and abroad,strive for the solution of the problem to find the right way.The first part from the concept and principle of level in this paper,the definition of key witnesses.Clear key witnesses to testify the positive significance.The second part analysis the current status of the key witnesses in our country from all aspects,from the legislative,judicial,and the level of traditional thoughts to explore the reason of low rate of witness to testify,tries to find the breakthrough point of the problem.The third part analyzed the United States,Italy,Germany,France,Australia,Japan and other major continental law system and common law countries legislation and judicial practice,learn from foreign experience in the reference method applicable to the situation of our country.The fourth part from the legislative and judicial aspects put forward the path to solve the problem.The determination of whether it is a key witness qualifications,key witness protection system and the system of economic compensation or witness immunity system,is worth to try and explore in our country.The innovation of this article is that through the practice of draw lessons from foreign experience,combined with our current law,innovation,under the existing framework and is not without foundation to build a system of complete strangers,is a combination of other subjects such as history,culture,science and technology level of research,in order to explore different ideas and methods.
Keywords/Search Tags:Key witnesses, Testimony of witnesses, appear in court as a witness, protecting system
PDF Full Text Request
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