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Demonstration Testimony System

Author: WuShuHong
Tutor: SongChaoWu
School: China University of Political Science
Course: Procedural Law
Keywords: Witnesses to testify in court Physical reconstruction Program restructuring Refusal of Giving Evidence
CLC: D915.13
Type: Master's thesis
Year: 2006
Downloads: 300
Quote: 1
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Abstract


In this paper, the method of Comparative Law, a witness to testify in court system for the study. The Witness System is the core content of the Witness System played a key role for improving the probative force of the testimony of witnesses. Therefore, all countries spare no effort to Witness System as detailed provisions to ensure that witnesses can testify in court, standing in the court gallery for questioning. China's current attendance of witnesses is low, most of the witnesses just submit a written testimony, cross-examination useless. But in view of the significance of the witnesses to testify in court, using the method of Comparative Law Analysis of witnesses to testify to the presence of a few questions, and then propose a solution, in order to make China a witness to testify. The paper is divided into six chapters: the first chapter, an overview of some basic concepts of Witness System. Mainly related to the concept of the witness, Witness System should include some of Witness System in Comparative Law, as well as analysis of the jurisprudence of the Witness System. The second chapter, to inspect the status quo of China's attendance of witnesses, and then analyzes the reasons why our witnesses do not want to appear in court, the author has summed up the four reasons that is based mainly on the impact of China's traditional culture, witnesses reasons, reasons of the judiciary and law on incomplete lead. Chapter reconstruction of Witness System, this chapter is mainly from the physical aspects of some remodeling and methods. I believe that starting from the establishment of the three system entities. The first is to establish a witness qualified system, proper provision from the law be clear and detailed witness; second is to establish mandatory Witness System. From the two legal systems inspection, they forced Witness System analysis, and feasibility analysis can be established in China to force witnesses to testify in court system, and to force witnesses to testify on the program three design. The third aspect is to improve the protection of the rights of the witnesses to start, I believe that the protection of the rights of witnesses imperfect is an important aspect of influencing a witness to testify in court, improve the protection of the rights protection of personal safety and economic rights. I discussed the need to protect the two rights, in turn, how to PROTECT building. Chapter IV, from the procedural aspects of Witness System reconstructed. Is a set of four program, the calling of witnesses procedures, card assurance procedures, asked of witnesses as well as the principle of direct language settings. The four programs take the method of Comparative Law, and analysis of foreign practices,

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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