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The Criminal Witness Protection System

Author: WuZuo
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: rights of witness witness-protection criminal procedure
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 402
Quote: 3
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Abstract


Witnesses play an important part in the modern criminal justice. However, there are many obstacles for the witness’ s make the certification in court in China. For the sake of advantages and resentments, criminals may retaliate to prevent witnesses to provide cue and proof in the court. As identifies are exposed, witnesses perhaps feel nervous and worrying and undertake a great deal of pressure concerning to their safety. Not only in country but it is a common phenomenon that witnesses are reluctant to or not testify in court or not testify as truth in other countries in the world. How to protect witnesses is gradually attract more and more attention, and the importance of witness’ s safety becomes a consensus in the international society. The witness protection appeared and developed in the sixties of the 20th century in the USA. Then, Britain, Germany and Taiwan and Hong Kong of our country drew up the special law about the witness protection.Good witness environment is required to be formed to improve criminal law of our country, a critical step of which is the improvement of the criminal witness protection. Therefore, it is necessary to experience the advanced witness protection in abroad for reference and integrating with the realities of our country in order to establish and improve the criminal witness protection institution. The article bases on the comparison of the witness protection in aboard, and proposes some tentative suggestions to construct rationally the witness protection of China according to the realties of our country.The first chapter, this chapter concentrates on the concept and the definition of the system of the criminal witness protection, generally introducing the principal part, objection and the range; Meanwhile, it make a concrete analysis both on the background and the theoretical principle and value. This charter is the basis for the later three chapters.The second chapter, this chapter will give a detailed description on the criminal witness protection overseas and conclude the content. The third chapter, this chapter analyzes the situation of the system of the criminal witness protection in China. At the same time, it points the deficiency and the problems in the establishment of the laws and in the practice.The forth chapter, this chapter states the issue in the process of the establishment of the system of the criminal witness protection, including the basic principles and the assumptions on establishment of this system and the related laws.

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