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Study On The Witness Anonymity System Against The Background Of Substantive Court Trial

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:G X WangFull Text:PDF
GTID:2416330647454209Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the reform of the criminal procedure system centered on the trial,the substantiation of the trial is an important starting point.In order to realize the transformation from trial "volume" to trial "person",we should further improve the existing witness protection system to avoid the worries of those who testify in court,while emphasizing the standardization of the conditions for witnesses and victims to appear in court,and emphasizing their obligation to testify.As a component of the witness protection mechanism,the hidden testimony system,as a special way of testimony,provides positive incentives from the perspective of the protection of the rights of the witnesses,and creates protective conditions for their appearance in court.However,due to the lag of concept transformation and the lack of corresponding technical support,covert testimony has not been fully used in practice.Until the Supreme People's court put forward the reform goal of building a "smart court" in the top-level design,which means that the modern scientific and technological means have been highly emphasized to help the court trial,which provides material support for the applicability of hidden testimony.In the revised court rules of the people's court,it is further pointed out that the criminal court can be equipped with synchronous video witness room.Therefore,the system of hidden testimony has been put into practice.At present,China's hidden testimony system is gradually movingfrom text to reality.It is urgent to find out the hidden problems in time through further reflection and inspection,so as to seek for a reasonable and perfect scheme and promote the effective implementation of substantive trial.On the one hand,this paper analyzes the legislative evolution and theoretical positioning of the hidden testimony system,in order to clarify the function and status of the hidden testimony in the current criminal procedure system.On the other hand,by means of comparative research and empirical research,we can find out the historical and practical situation of the hidden testimony in the practice inside and outside the domain,clarify the possible obstacles for the future improvement of the system,and provide samples for reference.In the main content,the article is divided into the following aspects:In the first chapter,based on the introduction of the basic meaning of covert testimony,the emergence and development process of covert testimony system in China are combed.First of all,this chapter points out that as a procedural legal system,it plays an important role in ensuring the function of finding out the facts in court,and its basic value lies in providing effective protection for specific witnesses.But in the function limit,the hidden testimony system is restricted by the defendant's pledge.However,the system of covert testimony was set up late in China.In terms of its legislation and regulation,there are some problems,such as the fuzzy types of applicable cases,the controversial objects and standards,the fuzzy implementing organs and the responsibility of confidentiality.The second chapter focuses on the empirical research methods,through a systematic analysis of 24 cases of hidden testimony in China's judicial practice,in order to find the reality of the system.In the current practice of covert testimony,it shows the characteristics of multiple types of cases,universality of applicable objects,difference of covert ways and negotiation of procedure initiation.The logic behind it lies in the constant conflict between the values of criminal procedure,and the reality of judicial practice provides a kind of inspiration for the future system reform.The third chapter takes the representative countries and regions of the common law system and the civil law system as the analysis object,expounds and combs thedevelopment process and system characteristics of their respective hidden testimony systems.In the current practice of the system of foreign covert testimony,it has formed various characteristic development paths and regulatory ideas.From the point of view of its generality,it reflects the global criminal justice system's high awareness of witness protection.As far as China is concerned,we need to fully learn from the lessons and experiences of various countries and regions,so as to make the value concept and system direction of covert testimony clearer,In the fourth chapter,on the basis of the above-mentioned parts,from the feasibility and necessity,five aspects that need to be adjusted are explained.These are to establish multi-level review standards,clarify the protection mechanism of Special Witnesses,standardize the protection measures in the trial process,ensure the limited participation of defense lawyers and optimize the system of secret testimony.Through the reform of the above content,it can provide a certain guarantee for the scientific and reasonable of the testimony system in China.
Keywords/Search Tags:Substantiation of trial, Witness Anonymity, Witness appearing in court, Witness Protection, Right of Confrontation
PDF Full Text Request
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