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Criminal witness protection of the rights of

Author: SongZhiYong
Tutor: XieYouPing
School: Fudan University
Course: Legal
Keywords: Witnesses to testify Protection of rights Foreign Investigation System Construction
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 93
Quote: 0
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Strengthen the protection of human rights is the inevitable trend of development of modern criminal proceedings, the criminal witnesses protection of the rights of litigation in the protection of human rights is an important part. However, in our judicial practice, criminal witnesses refused to testify are quite common. The reason of the lack of a complete and effective system of protection of the rights of criminal witnesses. Many criminal witnesses fear retaliation so personal and property safety compromised by testifying, so that the witness can not testify unwilling to testify, and some even commit perjury, which seriously affected the identification of the truth of the facts of the case, hinder the smooth conduct of the criminal proceedings. At present, China is making great efforts to build a socialist country under the rule of law, to further promote the reform of the judicial system is a major task to improve the criminal witness rights protection system is important to push forward the reform of the criminal justice system. Only by establishing the right to improve comprehensive practical witness protection system, to be able to effective protection of the rights of the witnesses to be able to ensure that the enthusiasm of the attendance and testimony of witnesses, to be able to better promote the reform of the way the trial, and the promotion of democracy and the legal system. The same time, give the necessary protection of the rights of witnesses in criminal proceedings, but also an inevitable requirement of social progress, is an important symbol of the human civilization by putting people first, to build a harmonious society and building a socialist country under the rule of law has important theoretical and practical significance. Therefore, in our country as soon as possible to establish effective witness rights protection system is very urgent and necessary. This article, based on China's national conditions on the basis of a comparative study of the system of protection of the rights of foreign witnesses, and some initial ideas on a reasonable construction of the Chinese witnesses rights protection system. Concrete is divided into three parts: the first, mainly on the basic concept of the system of protection of the rights of criminal witnesses defined and elaborated the theory, and the object of protection, scope and subject made a general description; also generated on the system development background as well as the theoretical basis and the value of the specific analysis of this chapter, the following two chapters of the premise and foundation. The second chapter, the main specific analysis of the status quo of China's criminal witness rights protection system, also pointed out that a series of flaws in the legislation and practice of today and a clear focus and direction for building the system of protection of the rights of criminal witnesses. Also the system of protection of the rights of the foreign criminal witnesses detailed inspection, and to summarize the basic content on the system, provide a useful reference for building the system of protection of the rights of China's criminal witness through empirical investigation. Chapter elaborated the idea of ??the establishment of the criminal witness rights protection system in our country, main contents include the basic principles of the system as well as legislation, institution building some initial ideas.

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