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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2012, Vol. 7 Issue (3) : 402-424    https://doi.org/10.3868/s050-001-012-0020-9
research-article
How to improve china’s witness protection system: an evaluation on protection of witness in the amendment to the criminal procedure law of china
Ming Liao()
College for Criminal Science, Beijing Normal University, Beijing, China
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Abstract

If the personal and property security of witnesses themselves and their family members could not be protected effectively, witnesses may be reluctant to testify, to present in court, or to give truthful testimony. However, the witness protection system provided by China’s legislation is porous, and the implementation of the current witness protection system in practice is not satisfactory, which causes the serious consequence that a witness is unwilling to testify or does not dare to be present in court. An important measure should be adopted to improve the witness protection system in providing practical and comprehensive protection for witnesses in China. The provisions on the protection of witnesses in the drafted amendment to the Criminal Procedure Law of the People’s Republic of China is more advanced than the current law, but still too simple and not enough, which cannot change the weak situation of protection of witnesses, and are needed to be strengthened in judicial interpretations after the drafted amendment is passed. Perfection of China’s witness protection system is necessary in practice, which is still dependent on the reform of the judicial system and the working mechanism in China even if the drafted amendment was passed afterwards. China shall apply the provisions in the UN Convention against Transnational Organized Crime and the UN Convention against Corruption Convention as a guide and absorb other countries’ and regions’ experience to improve its witness protection system, but the basic point is that it should be based on China’s realities, and localize the specific systems.

Corresponding Author(s): Ming Liao,Email:liaoming1978@126.com   
Issue Date: 05 September 2012
 Cite this article:   
Ming Liao. How to improve china’s witness protection system: an evaluation on protection of witness in the amendment to the criminal procedure law of china[J]. Front Law Chin, 2012, 7(3): 402-424.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-001-012-0020-9
https://academic.hep.com.cn/flc/EN/Y2012/V7/I3/402
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