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Standard argument made ??statements on the protection of the right to confront

Author: TianJingJing
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: The right to confront Witnesses Reliability standards Standard testimony statements Harmless error
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 85
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Abstract


Title of this article is to demonstrate that the standard-looking statements made in the protection of the right to confrontation, seemingly discussion is how the defendant is not the right question witnesses self-interest to maintain, but in fact is a solution in criminal proceedings often need to be considered Technical questions: What kind of a witness must testify in court. This is the key point of testimony statements should adopt standards to address this issue, in order to protect the rights of the accused to confront the effective application in China. To prove the point, this paper is divided into four chapters. The first chapter, the right to confront the status of implementation in China. First, China's existing criminal procedure law and judicial interpretation to sort out and analyzed, and the witness does not testify in court without prejudice to the defendant the right to question witnesses self-interest has become the norm of justice. Next, a description of the kinds of practices with international conventions on the rights of the accused universality, contrary to minimum standards of protection, while not conducive to identify the real case, injury adversarial system fundamentals. Chapter II, China has chosen the standard theory of testimony statements legitimacy. This chapter first describes the right of the accused to confront the three alternative criteria, namely without distinction all witnesses were to appear, credible standards, standard testimony statements, followed by a comparative analysis of these three criteria, the final legal system, the reality of operability, the judge's discretion to choose the angle of testimony statements to clarify China Standard reason. Chapter testimony statements and non-specific distinction between testimony statements. First, the United States how to divide these two simple statements introduction and consideration in the process of dividing the factors to be summarized, then explained the practice of criminal justice in China which statement should be attributed to the testimony of statements, which should be attributed to non-Testimonies statements, and the reasons will be explained. Chapter IV, testimony statement of the specific standards in China for program design. This chapter first addresses whether a witness must appear before the motion raised issues, including proposed subject, time, manner and so on. Followed by analysis of the program in the first instance because the defendant led to his wrongdoing and witnesses unable to appear due to other causes witnesses unable to appear in two different procedural results, and finally discuss how the second trial and retrial of the accused, relief, and differentiate the defendant did not cause serious consequences and serious consequences are two cases to be discussed.

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