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Study on the Issue of the Witness System in Criminal Procedure

Author: DingHuan
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Criminal Witness System of Witness Protection of the rights
CLC: D915.3
Type: Master's thesis
Year: 2005
Downloads: 210
Quote: 1
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Abstract


Witness of Criminal Procedure is an important part of the evidence system. The witness testified to promote the facts of the case to identify the role and safeguard the fairness of the proceedings can not be underestimated. However, in China's judicial practice, the witness not to testify, especially not to testify is a common phenomenon, has seriously hampered the deepening of the reform of the judicial ways. I believe that, to solve the current the witness testified problem lies Improvement of the Witness System system. Clear rules, reasonable testify request, supported by science, the protection of human rights, the elimination of witnesses to worry about, but witnesses system healthy functioning of the basic requirements. Witness system, including witnesses and the testimony of two parts Broadly speaking, this paper is mainly from the testimony of the carrier - witness this angle to analyze. Clear the main body of the criminal witness that the concept of a witness, qualifications, standardize the collection, to provide testimony as well as the protection of the rights in the proceedings on a range of issues, the ultimate goal remains to procure witnesses truthfully testify and the smooth progress of the criminal proceedings. Paper is divided into five chapters: Chapter witnesses Overview section of the point of view of a Historical Survey, a brief review of the witness in the proceedings from barbarism to civilization, from the irrational to the rational evolution, which leads to the analysis of the concept of a witness in the legal sense of the modern litigation to lay the theoretical foundation of the Witness System, understanding testify to the identity of the subject. Understanding of the broad and narrow concept of witnesses, the witnesses involved in the concept of common law countries, a very wide range, both parties, but also includes the identification of people; civil law countries witness refers only to a third party other than the subject of litigation, does not include the parties and appraiser. China has basically understood in a narrow. The Chapter Two witnesses eligibility. Visits countries in the development of history, fewer restrictions on eligibility for witnesses is a general trend. Modern in many countries, the general provisions of the law with perception, memory and skills, can be a witness. Articulated reflection of China's judicial practice, witnesses eligibility provisions, restrictions could be improved. Two chapters, respectively, in order to obtain evidence of the testimony of witnesses in criminal proceedings, the burden of proof to the two different stages of the context around the point of view of the witness, the witness system representative, presented preliminary ideas. Of witnesses and evidence collection process to be followed in accordance with the law and evidence collection, people-oriented principle witness confidentiality, etc.; construct Free card rules and key witness in the court rules to adapt to the reality of China's national conditions and judicial witnesses, and to compel witnesses to testify questioned; mechanism to bring witnesses to testify truthfully, I think, the Oath System is prevention of perjury advance, our country is not a certain oath with foreign content, but in the form of a little work, a solemn \legal oath \Fifth chapter to learn from Germany's program to take care of obligations \the right to help several ways to construct the the criminal witnesses litigation care system, to protect the rights of all aspects of the witnesses, learn from foreign experience and witness services system to promote the formation of a favorable environment for witnesses to testify.

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