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Research On The Witness-in-Court System In Criminal Procedure

Posted on:2021-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q LuFull Text:PDF
GTID:2416330623469908Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Witnessing to testify in court makes it necessary for witnesses to accept cross-examination between the prosecution and the defense.The judge judges the credibility and authenticity of the witness testimony from a neutral perspective,which helps the judge to ascertain the facts of the case and make a reasonable judgment result,thus ensuring legal justices.Ensuring that the investigation and review of prosecuted cases and evidence can withstand the test of law is one of the important goals of judicial reform in China.Witness testimony is important evidence for accurately determining the facts of criminal cases.The witnesses organized by the court to cross-examine the false testimonies are excluded to ensure that the judiciary can more accurately determine the facts of the case and ensure that the case results and evidence meet the requirements of the law,thereby promoting judicial reform The achievement of goals.China 's “Criminal Procedure Law” stipulates the scope of witnesses to appear in court;the legal responsibility for compulsory witnesses to testify and not to testify;stipulates that the accused 's spouse,parents,and children have the right to refuse witnesses at the court stage;Measures for personal safety and the economic compensation system for witnesses to testify in court;it can be said that China's legislation basically involves the various mechanisms of the witness testimony system.However,through the results of empirical research methods,we can see that the rate of criminal witnesses in China is still very low,and the mechanisms involved in witnesses 'testimony in court are in an awkward position in judicial practice.Analyzing the specific situation of China's current legislation and judicial practice,it is not difficult to find that the reasons for the witness-in-court system to stay at the legislative level are mainly in the following aspects.First,the range of witnesses in court is unreasonable,and there are contradictions and conflicts between current laws and regulations.In practice,the range of witnesses in court is difficult to be precise.Secondly,the legislative provisions for compulsory witnesses to testify in court are not perfect.The law does not specify the exceptions for compulsory witnesses to appear in court,and the insufficient deterrent force of the prescribed coercive measures cannot attract the attention of witnesses.Third,the right of refusal to testify has not been established.The legislation only stipulates that the relatives of the defendant can refuse to testify in court during the trial stage,and there is no other aspect of the right of refusal to testify.Fourth,there are insufficient protection andcompensation measures for witnesses to testify in court.The current witness protection regulations focus on personal safety and ex-post protection,and the scope and scope of protection are relatively narrow.The economic compensation measures for witnesses also lack specific standards and remedies.In order to solve the problems in the current legislation and judicial practice,on the basis of fully understanding China's criminal witness testimony system,comparing the relevant regulations of the four countries of the United Kingdom,the United States,Germany,Japan and other countries,and seeking experience for our country to learn from,To explore the effective ways and methods of perfecting our criminal witness system.Based on China's national conditions and drawing on the valuable experience from abroad,perfecting the system of criminal witnesses to testify in court should grasp four aspects.First,revise the factors that determine the appearance of witnesses,amend the rules that witnesses can use if they don't appear in court,and reasonably determine the scope of witnesses to appear in court.Second,clarify the relevant regulations for forcing witnesses to appear in court,and refine the conditions,procedures,and legal responsibilities for strong witnesses to appear in court.Third,establish exceptions and specific procedures for refusing to testify and provide for the exercise of the right to refuse to testify.Fourth,expand the scope of witness protection,clarify witness protection institutions,enrich witness protection measures,and improve witness safety prevention mechanisms to optimize the protection mechanism for witnesses to testify in court;expand the scope of economic compensation,refine the standards of economic compensation,and improve economic compensation Procedures to improve the compensation measures for witnesses to testify in court.
Keywords/Search Tags:witnesses in criminal proceedings, testimony in court, witness protection
PDF Full Text Request
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