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An Empirical Study On The Defense Witness Testifying In Court

Posted on:2020-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q HanFull Text:PDF
GTID:2416330590993365Subject:Law
Abstract/Summary:PDF Full Text Request
Every count depends on witnesses.Witnesses should give evidence freely and reckless,which is very important for law enforcement.Tannin said.Witnesses appearing in court both has substantive and procedural significance.In order to ensure the appearance of witnesses in court,it added some provisions in the Criminal Procedure Law in 2012 about subsidies,safety protection,mandatory for witnesses.There are still serious problems in witnesses appearing in court.Judge usually do not agree with lawyers' application for witnesses to testify in court.The judge deems it is not necessary for the defense witness to appear in court.Few defense witnesses appeared in court.I will study the issue of defense witnesses through the methods of data analysis,questionnaire and personal interview.By comparative analysis means,I will put forward some suggestions in the field of defense witness appearing in court.To follow the above ideas,the body of this article is divided into four parts.The first part briefly describes the conception of witness and defend witness,and explains the theoretical basis and litigation value of defense witnesses appearing in court.In the second part expounds the present situation of the defense witness appearing in court in criminal procedure of our country.From the empirical perspective,summarizing the reasons that affect the defense witnesses appearing in court.In the third part,comparing the system between common law and civil law in witness system to find out what can be used for us.The last part is about some suggestion on the defense witness.
Keywords/Search Tags:Witness Testifying in Court, Defense Witness, Discretion, the Principle of Directness and Verbalism
PDF Full Text Request
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