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System of tainted witnesses

Author: LiZuoDan
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: tainted witnesses system of tainted witnesses immunity
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 44
Quote: 0
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Abstract


Tainted witness is suspected of criminal acts themselves, who know a major case becuse he(she) is associated with the criminal behavior of criminal suspects that been sued, pursuant to negotiated transactions with the prosecution, by the issue of immunity decision from the judiciary of the right, to give the condition of their judicial immunity, forced to appear in the court as a witness and testify the fact that he(she) knowed. Tainted witnesses system is a general term for a series of rules on the law, just as applicable conditions, applicable procedures, tainted witnesses in the form of exemption, the rules of witness, disciplinary tainted witnesses, witness protection and other tainted rules. Currently, the common law and civil law countries have established tainted witnesses system in the law. In China, because of the absence of tainted witnesses system in the criminal proceedings, major criminal charges are often unsuccessful because of difficult proof, and in investigating bribery and other serious criminal cases in the judicial practice there had the judicial immunity of witnesses behavior, so now we need standardize system by law urgently. Therefore, the concept of the system this paper, value analysis, by examining the structure of the system of extraterritorial comparison, China’s legal environment from the actual conditions, on how to build the system in our country proposed the idea of the author.

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