2005Journal of Nanjing Institute of TechnologyRequires access

A Research of Witness Protection in the Code of Criminal Procedure

Ying Li

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Abstract

It is ruled in the Code of Criminal Procedure of China that the bureau of public security,the prosecution service,and the court are all under an obligation to protect witnesses.However,it is often the case that the witness is unwilling to appear in court because he is afraid of being retaliated upon.This phenomenon is holding back the reform of China's criminal judicature.Lack of witness protection in legislation is a major cause of the phenomenon.By analyzing and commenting on the present condition of witness protection in China,this article was an attempt to suggest what to do to improve the legislation in this respect.

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It is ruled in the Code of Criminal Procedure of China that the bureau of public security,the prosecution service,and the court are all under an obligation to protect witnesses.However,it is often the case that the witness is unwilling to appear in court because he is afraid of being retaliated upon.This phenomenon is holding back the reform of China's criminal judicature.Lack of witness protection in legislation is a major cause of the phenomenon.By analyzing and commenting on the present condition of witness protection in China,this article was an attempt to suggest what to do to improve the legislation in this respect.

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Available abstract

It is ruled in the Code of Criminal Procedure of China that the bureau of public security,the prosecution service,and the court are all under an obligation to protect witnesses.However,it is often the case that the witness is unwilling to appear in court because he is afraid of being retaliated upon.This phenomenon is holding back the reform of China's criminal judicature.Lack of witness protection in legislation is a major cause of the phenomenon.By analyzing and commenting on the present condition of witness protection in China,this article was an attempt to suggest what to do to improve the legislation in this respect.

Key concepts: Witness, Legislation, Obligation, Law, Phenomenon, Criminal procedure, Criminal code, China

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