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Research on Remote Testimony

Author: PengJianBo
Tutor: YeQing
School: East China University of Political Science
Course: Procedural Law
Keywords: Witness Remote testimony The construction of the system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 105
Quote: 0
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Abstract


In judicial practice in China, the proportion of witnesses to testify in court less than 5%, a far cry from the requirements of the Code of Criminal Procedure, Procedure Law scholars have put forward many solutions, but big none touched cause the underlying causes of this problem, difficult to play a role in tackling the problem. Not long ago, some attempts from the judicial practice caused the author's concern, that the witness can not, inconvenience or reluctant to testify, allowing two-way video in a place outside the courtroom to testify the way to the court to testify, and played a better effect. This attempt is likely to be beneficial, it can effectively avoid the witnesses to testify in court may be a lot of inconvenience to witnesses, but also the basic realization of the effect of testifying in court, and a rapid increase in the proportion of witnesses to testify in the short term. The general problem of the author remote testimony from witnesses and judicial practice in China pilot from the real case, the value of the system, mode selection and system construction carried out a detailed argument. The text is divided into four chapters: The first chapter is a general problem of witnesses to testify remotely, to testify on the remote concept of legal basis, types, characteristics and overseas countries and regions witnesses to give evidence remotely legislation and practice were introduced. , We remote testified divided into three categories, namely a conference call to testify, video conference testimony and Internet video conferencing to testify. The author believes that the witnesses to testify remotely characteristics of the six areas, real-time, the expansion of the trial space, evidence of two-way, technology-dependent, the applicable limitations and low-cost. The second chapter is the introduction of the domestic witness the remote testify pilot case, including the first case of notary involved in the remote case to give evidence, outer shield in the first case of the Court of witnesses testified case as well as several other remote the testify pilot cases introduced by these several The introduction of the case, we understand the application status of the remote witness to testify in judicial practice. Chapter value of the testimony of witnesses remote analysis, the author hazards by introducing the witness not to testify and witness to testify in court is difficult to achieve, combined with the lack of alternative testify, thus logically deduced remote testimony has special value . Mode Selection and Establishment of Chapter witness remote testimony, I of four remote testify mode a comparative analysis, and from reality, where applicable and specific procedures designed two initial ideas proposed system construction.

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