2010Journal of the Chinese People's Armed Police Force AcademyRequires access

Legislative Perfection of Criminal Witness Protection System in China

Sha Hong-han

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Abstract

In modern criminal procedure,witness testifying in court is the embodiment of the principle of direct verbal trial and the principle of prosecution-defense adversary. In practice,however,the rate of witness testifying in court is quite low. Though the laws in China are involved in some provisions on protecting the rights of informers and witnesses,the implementation is not quite operable and the practical result is quite worrying. To construct a witness' right protection system consistent with modern criminal procedure in China,the witness protection system of foreign countries should be taken as a reference by combining the national conditions of China.

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What this paper is about

In modern criminal procedure,witness testifying in court is the embodiment of the principle of direct verbal trial and the principle of prosecution-defense adversary. In practice,however,the rate of witness testifying in court is quite low. Though the laws in China are involved in some provisions on protecting the rights of informers and witnesses,the implementation is not quite operable and the practical result is quite worrying. To construct a witness' right protection system consistent with modern criminal procedure in China,the witness protection system of foreign countries should be taken as a reference by combining the national conditions of China.

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Available abstract

In modern criminal procedure,witness testifying in court is the embodiment of the principle of direct verbal trial and the principle of prosecution-defense adversary. In practice,however,the rate of witness testifying in court is quite low. Though the laws in China are involved in some provisions on protecting the rights of informers and witnesses,the implementation is not quite operable and the practical result is quite worrying. To construct a witness' right protection system consistent with modern criminal procedure in China,the witness protection system of foreign countries should be taken as a reference by combining the national conditions of China.

Key concepts: Witness, Perfection, Law, Criminal procedure, Legislature, China, Adversary, Political science

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