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Criminal forced witnesses of criticism and thinking

Author: WangHao
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Enforcement Witnesses Criminal suit Think
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 494
Quote: 2
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Abstract


Witnesses smoothly plays a vital role for the court proceedings , and judicial system was forced witnesses to appear in court in a timely manner to protect witnesses , effective measures to improve the efficiency of the proceedings . China's current \Ensure the attendance of witnesses from speaking rate , forcing witnesses system has some positive significance. In particular, the introduction of recent years, frequent cultural exchanges between Chinese and Western law , the principle of direct language , cross-examination of the way the trial rules, witnesses put forward higher requirements . However, due to the limitations of China's economic , cultural and political systems that exist in the development process , the existing laws on issues related to witnesses than the vague provisions , operability is not strong, especially when subjected to human rights violations have occurred from witnesses , serious damage to the witnesses testified to fulfill the obligations of enthusiasm, greatly reducing the efficiency and justice of the court , to some extent, hamper the process of modernization of China's Criminal Procedure Law . Given the problems that exist in the judicial practice , this article attempts to reform the reality of China's Criminal Procedure Law , and actively draw on the useful experience of foreign advanced legislations and Chinese traditional legal culture on witnesses , and a careful analysis of the current judicial system is implemented to force witnesses to testify exposed the shortcomings of the process , and proposed to build in line with China's national conditions forced witnesses initiatives . The paper is divided into four sections elaborate on the issues : The first part is the basic concept of the witnesses and the existence of a mandatory basis to analyze . This section briefly describes the one hand, the concept of mandatory witnesses and the relevant legal provisions . On the other hand describes the principle of direct language , cross-examination rules and efficient administration of justice requires the witness to testify , use this argument to force witnesses basis in China. The second part focuses on the current mode under judicial court to force witnesses various issues raised . First, the lack of a legal basis to force witnesses to testify in court , witnesses interests have been violated ; Second criminal trial procedural fairness is difficult to effectively achieve ; Third, there is a tendency Witness System formalized . Tracing the source of the third part , focusing on analysis of witnesses in criminal proceedings to force the missing roots. Are: the existing legislation does not involve the relevant provisions of the Criminal procedure to force witnesses to testify in court , the lack of legal basis ; witnesses to testify in the proportion of the entire value chain of evidence is too large ; cross-examine witnesses trial mode gives higher requirements ; public servants personal qualities and so on. The fourth part deals mainly with how to build a system of compulsory witnesses with China's national conditions , and improve the system of compulsory witnesses put forward the idea of ​​the author's point . First, the weakening of the absolute necessity of witness testimony in evidence in the proceedings ; secondly , to protect the human rights provisions in the Constitution of witnesses in legal proceedings ; Again, the key witness discrimination and non-critical witness ; Finally , refused to testify in court to protect the rights of people of a certain identity .

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