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The Difficulty of Witness’s Appearing in Court and the Exploration

Author: HuXiang
Tutor: ZhuLiHeng
School: Hunan Normal University
Course: Legal
Keywords: Cases of diversion Key witness Economic compensation system Witnesses incentive system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 109
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Abstract


Witnesses to testify difficult problem has been the rule of law to be resolved . Firstly, the basic obligation of witnesses to testify is discussed from the substantive and procedural aspects of the value of the significance of the attendance and testimony of witnesses to explain why the attendance and testimony of witnesses . Witnesses to testify in the substantive aspects of play to identify the basic values ??of the facts of the case , the program can demonstrate the legitimacy of the trial , which shows that the attendance of witnesses is very valuable , but also very necessary for this issue discussion and analysis also played pave the way for the meaning of this writing . Chapter II of this article discussed the difficult situation of witnesses to testify , as well as analysis of the reasons for the difficulty of attendance and testimony of witnesses from the legislative, judicial , and social and cultural traditions . Whether from official data show , or the attendance of witnesses at this stage in China rate is worrying experts and scholars from the field research . This situation is to have a variety of reasons , the legislation is not perfect , and the administration of justice and the judiciary in promoting the attendance of witnesses limitations of Weary of Litigation cultural traditions are all factors that lead to low attendance of witnesses . The third chapter describes briefly the basic experience of the countries in the protection of witnesses to testify . Finally , come up with strategies , first proposed legislation to improve the attendance and testimony of witnesses in China ; subsequent article breaking the routine to avoid promoting the attendance of witnesses , consider reducing the total number of cases the triage system and key witness in the system must testify in court , thus reducing the pressure to promote the attendance of witnesses ; then this article and from the increase in the attendance of witnesses income and reduce the expenditure side of the attendance of witnesses , witness protection system , the economic compensation system and to testify incentive system envisaged .

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