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Research on Criminal Witness Testiyfing System

Author: ZhangRuiFeng
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Procedural Law
Keywords: Witness Testify in court Criminal defendant Fundamental rights Guarantee
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 111
Quote: 0
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Abstract


The criminal trial witnesses, is the basic requirement of the reform of the trial. It is the basic measure of ensuring justice and achieve the value of litigation,and an irreplaceable role in criminal proceedings. Witness Low is a major long-term problem in China’s Criminal Procedure problem. There are many reasons for the Witnesses low. The most important reason is the lack of constitutional rights of criminal defendants. In modern criminal system, the right of cross-examination and the compulsory process has become a basic human right in the international community. These two rights clearly defined in the constitution of western country under the rule of law, and became criminal defendant’s constitutional rights. These two rights closely related witnesses appear in court. Both the constitutional rights of criminal defendants, provides a theoretical basis for the Criminal Witness’s establishment and improvement. From the perspective of protection of human rights considerations, witness system has become a constitutional issues. Witness is also the inevitable requirement of procedural justice theory, and provides another theoretical support for Witness Reconstruction. Although some of our current legislation reflects the cross-examination that some of the provisions of the right and the right to compulsory taking of evidence and procedural justice,but obvious deficiencies. Especially, These two rights have not been written into the Constitution, and ignored by judicial officers. Judicial tolerance phenomenon of witnesses not to testify. This is the main reason for the Chinese criminal witness low in the current. Against the status of witnesses and the problems of criminal judicial practice China should be from both the legislative and judiciary to carry out reconstruction. Not only written the right of cross-examination and the compulsory process into the constitution, more importantly, we also have to learn the advanced experiences from western countries,combined with judicial practice in our country, establishing the rights protection mechanism. Law and use it.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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