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China’s System of Witnesses’ Appearing in Court

Author: YangLiu
Tutor: GuoZhiYuan
School: Anhui University
Course: Legal
Keywords: appearing in court testimony of a witness qualification of a witness
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 117
Quote: 0
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Abstract


Evidence is the key to solve the case. Witness testimony is a kind of verbal evidence, which play an important irreplaceable role in finding out the facts,realizing judicial justice in some cases.Appearing in court as a witness is the witness of the statutory obligations, which is the premise of establishing the hearsay evidence rules, the parties’rights and interest protection, cases timely, fair trial have an important significance. Therefore, it is necessary to study the witness system. In order to establish a scientific, rational system of witness testimony at court, many legal workers, legal experts and scholars have made extensive and in-depth research and discussion. Admittedly, these studies and explores promote the witness system theory and the related judicial practice. However, at present the related legal system of witness is not complete in our country, the rate of witness appears in court is still very low. It has become a judicial practice and has been the difficult problems to overcome. It is cultural, historical, systematic, understanding the reason. To solve this problem,it is not in the hope that the "NRK", we should have long-term ready for combat. In order to change the witness to testify in Court issues, this article basics on the legislation and judicial practice to facing the problems, our country witness appears in court to testify system from three aspects were studied.The first part is the necessity and value orientation of the witness appearing in court to testify. As a witness, appearing in court is his legal obligation, which is the direct speech principle as the basic requirements for appearing in court as a witness in the value orientation, it has an important significance to safeguard the legitimate rights, interest of the parties, and the judicial justice.The second part is "the witness’s status". It mainly analysis the witness appearing in court to testify the legislative and judicial status, as well as the previous theory and the problems existing in the judicial practice.The third part is "the perfection of the system of appearing in court as a witness". The main recommendations include:establishing the system of forcing witness being present in court; increasing the effort of witness protection and the threat of retaliation and the behavior of the punishment; building perfect witness economic compensation system as well as the country to witness the reward system; establishing the evaluation mechanism of witness’ testimony, perfecting the penalty of perjury system. Through these legislative measures apply integratedly, we hope to change the phenomenon of the currently China witnesses rate low status. In order to find out the suitable national conditions of our country witness,we make our efforts and contribute to our system.

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