The Rome Statute on the International Criminal Court (ICC) came into effect officially on July 1, 2002, signifying the birth of the first permanent international criminal justice organization in human history. Althoug...The Rome Statute on the International Criminal Court (ICC) came into effect officially on July 1, 2002, signifying the birth of the first permanent international criminal justice organization in human history. Although it still takes some time before the court goes into official operation, the coming into effect of the Statute signifies a solid step toward the lofty ideal long cherished by man-realizing judicial justice and safeguarding lasting peace in the world.展开更多
It is of great significance for witnesses to appear in court in criminal cases so as to safeguard the right of confrontation of the defendant and achieve judicial justice.However,the witnesses in criminal cases refuse...It is of great significance for witnesses to appear in court in criminal cases so as to safeguard the right of confrontation of the defendant and achieve judicial justice.However,the witnesses in criminal cases refuse to appear in court and only give written testimony,and this has become a long‑standing problem in the judicial practice of China.To solve this problem,the Criminal Procedure Law of China,amended and improved the system of the witness appearing in court in 2012.Nevertheless,if the underlying problems in the judicial system of China are not settled,the system of the witness appearing in court in criminal cases still cannot turn into practicable measures.展开更多
In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibili...In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility ofpre-trial testimonial transcripts in judicial practice, zealously pursue the ＂truth of fact＂ while disregard defendant＇s right to confront. Focusing on the admissibility ofpre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal （Court） which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant＇s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal （Court） provides a good starting point for China to rethink its own practice and learn from.展开更多
文摘The Rome Statute on the International Criminal Court (ICC) came into effect officially on July 1, 2002, signifying the birth of the first permanent international criminal justice organization in human history. Although it still takes some time before the court goes into official operation, the coming into effect of the Statute signifies a solid step toward the lofty ideal long cherished by man-realizing judicial justice and safeguarding lasting peace in the world.
文摘It is of great significance for witnesses to appear in court in criminal cases so as to safeguard the right of confrontation of the defendant and achieve judicial justice.However,the witnesses in criminal cases refuse to appear in court and only give written testimony,and this has become a long‑standing problem in the judicial practice of China.To solve this problem,the Criminal Procedure Law of China,amended and improved the system of the witness appearing in court in 2012.Nevertheless,if the underlying problems in the judicial system of China are not settled,the system of the witness appearing in court in criminal cases still cannot turn into practicable measures.
文摘In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility ofpre-trial testimonial transcripts in judicial practice, zealously pursue the ＂truth of fact＂ while disregard defendant＇s right to confront. Focusing on the admissibility ofpre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal （Court） which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant＇s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal （Court） provides a good starting point for China to rethink its own practice and learn from.
