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Reasons And Solutions For The Low Attendance Rate Of Criminal Witnesses In China

Posted on:2020-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiuFull Text:PDF
GTID:2416330575966679Subject:Law
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The system of criminal witness testifying in court is based on the theory of direct speech,litigation justice and human rights protection,and is the main content of the criminal evidence system.There is a saying in the law that "there is no lawsuit without a witness".Sanctimoniousness in court plays a vital role in the whole lawsuit process.The low rate of witness appearing in court has always been a major shortcoming in the judicial practice of criminal procedure in China.The Criminal Procedure Law,amended for the second time in 2012,has improved the system of criminal witness appearing in court on a large scale,which has aroused considerable repercussions.The content of this revision is mainly about the scope of witness appearing in court,witness protection,witness compensation and so on.It also adds the system of compulsory witness appearing in court,which shows our determination to solve the problem of low rate of criminal witness appearing in court.However,the judicial practice since the implementation of the Criminal Procedure Law in 2012 has proved that this problem is still the most difficult problem in the field of criminal justice in China.The low rate of criminal witness appearing in court,if not effectively solved,will affect the authenticity of criminal cases and the fairness of trial results,and ultimately seriously affect the improvement of judicial credibility.Therefore,it is of far-reaching practical significance to deeply explore and study the reasons for the low rate of criminal witness appearing in court in China and to solve them pertinently.This paper mainly studies and analyses the low rate of criminal witness appearing in court in China.The main body is divided into the following four parts:The first part mainly elaborates the meaning,basic content and important significance of the system of criminal witness appearing in court in our country.Firstly,through the study of the basic meaning of witness in civil law system and common law system,on the basis of introducing the concepts of witness,criminal witness and compulsory witness respectively,the author sums up the meaning of criminal witness appearing in court system.Secondly,it outlines the basic content of the system of criminal witness appearing in court in our country,introduces the contents of witness appearing in court according to law and compulsory appearing in court,the protection of witness appearing in court and the economic compensation of witness appearing in court.Finally,it clarifies the existence value of our criminal witness testimony system,that is,witness testimony in court is an important guarantee to achieve substantive justice,an inevitable requirement to achieve procedural justice,and a powerful weapon to protect human rights.The second part mainly through the analysis of two typical cases of judge's prohibition of witness appearing in court and Liao Mou's case of retaliation against witness,concludes that there are some problems in our judicial practice,such as imperfect criminal witness protection system,judge's prohibition of witness appearing in court,witness' s ignorance of the protection system of criminal witness appearing in court,which reveals the inherent low rate of criminal witness appearing in court.And lay the groundwork for external reasons.The third part mainly makes a concrete analysis of the reasons for the low rate of criminal witnesses appearing in court in our country.Since the rate of witness appearing in court has not been significantly improved before and after the amendment of the Criminal Procedure Law,it is found that the reasons for the low rate of witness appearing in court in China can be divided into internal and external reasons.The internal reasons include the internal exclusion of the general public to the identification of others and the ignorance of the witness protection system;the external reasons include the judge's negative attitude towards the criminal witness appearing in court,the lack of the criminal witness protection system,and the reasons for the witness refusing to testify in court are not specific.The fourth part puts forward the main measures to solve the low testimony rate of criminal witnesses in court.All along,our country has made great progress and achievements in the system of criminal witness testifying in court,but the judicial practice has not achieved the desired results.Specifically,in view of the internal reasons for the low rate of criminal witnesses appearing in court in our country,we should strengthen legal propaganda and education,through law popularization and law learning,let social citizens realize that it is citizenship to testify,change their backward ideas,and improve citizens' legal awareness andlegal literacy.At the same time,let them know about the protection system and economic compensation system of sanctimoniousness in court,and solve their various concerns and concerns.On the other hand,aiming at the external reasons,five measures are put forward:improving the self-accomplishment of the personnel of public security and judicial organs,expanding the scope of protected witnesses in China,strengthening the protection of witnesses,specifying the reasons for witness refusal to testify,and proposing the establishment of an independent protection group and witness call for help.
Keywords/Search Tags:Criminal witness, System of testifying in court, witness protection, witness compensation
PDF Full Text Request
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