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

Research of the Causes and Countermeasures of the Criminal Witness Difficult in Court in Tibet

Author LiJiHan
Tutor HuangXinMin
School Central China Normal University
Course Procedural Law
Keywords witness witnesses presenting at court Tibet region swear
CLC D925.2
Type Master's thesis
Year 2014
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With the accelerating process of China’s rule of law, witness presenting at court gradually becomes the basic requirements of a modern court system while witness’s absence severely restricts the development of China’s judicial system which is becoming the bottleneck of the trial reform in China. The practical significance of attendance of witness presenting at court is tacit. But at present the difficulty and low ratio of bearing witness have become a major problem for criminal justice. The reason that leads to are various, such as the witness has the feeling of disgust to litigation, weak legal consciousness and can’t get full protection witness protection enough compensation, which makes the witness unwilling to present at court. Witness’s not appearing seriously affects the equal right to confront both defense and prosecution and is not conducive to safeguarding the legitimate rights of the accused.China’s Tibet region, a long religious region, her politics, economic, cultural and law are inseparable from religious thought that has been ingrained in the hearts of the Tibetan people, passes on from generation to generation.Traditional religion makes local people more willing to resolve disputes through religious ideology and despise the status and role of the law, which can cause the instability risks. Although China for democratic reform in Tibet took a lot of legal advocacy work, people in the region will still remain the teachings of Buddhism, Buddha monks above the law and regulations. As for a lot of conflicts, disputes, and even relatively large injuries, people would rather ask the monks to mediate than resort to the law. Therefore, in order to change people’s traditional way of thinking, we need to enhance people’s understanding the concept and its usage of law and establish its authority, through the improvement and flexibility of the legislative provisions, to increase all aspects of legal advocacy, to improve the judge officers’own quality, moral qualities and law enforcement in the area and other areas in order to change people’s traditional concept of the past dependence gradually, which forms bit by bit the social atmosphere of the faith of the law.Comparing the law system of the relevant provisions of witness presenting for criminal issues in Countries of Anglo-American, continental countries, combining with China’s reality, this paper analyzes the reasons why it is difficult for witness to represent at court in the Tibet region of China. Proposals for the reasons why witness refuses to present are also put forward according to the aspects of China’s legislative, judicial and witnesses. For legislation, the main reason is the protection of the witnesses and their close relatives after presenting. This could be solved by perfecting the compensation system after presenting, adopting punitive measures for witnesses who refuse to present and establishing witnesses swore system etc. For justice, the quality of the judiciary and law enforcement level should be improved. Concept of law enforcement should also be changed. In order to advertise the law popularization for the masses of towns, villages, different regions, to guide the masses to present activity, and to enhance the legal concept of the people, mobile courts should be established. While advertising the law popularization, disputes around should be solved in time to prevent the occurrence of criminal cases. The use of on-set evidence for witnesses from remote areas and other humane measures, the enrollment of judiciary and the solution of practical problems that exist in reality shall also make it no longer a problem for witnesses to present in this area.

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