On China's Crime Scene Investigation Witness System

In the context of deepen the concept of emphasizing the legality of evidence-collecting procedures worldwide to guarantee the human rights, strictly implementing the system of crime scene investigation witness becomes the most basic requirement. Practice shows that only preventing the abuse of investigation power by law is an effective way to protect legitimate rights of criminal suspects and other parties concerned. This also embodies the concept of Rights by Rights.At present, China's crime scene investigation witness system stipulates simply, it is blank in settings of witness qualification, witness content, witness procedure, witness rights and obligations. Moreover, its operational status in the judicial practice is not optimistic. Base on this, analyzing and defining abroad and home's system of crime scene investigation witness, researching into the realistic basis of the system, and using theories go with facts and comparative analysis methods, on one hand, we can find the deficiencies during of China's crime scene investigation witness's qualification in the legislation and implementation process. On the other hand, we can review the stipulations of the system of crime scene investigation witness in advanced law countries. At last, improve and perfect China's system of crime scene investigation witness by updating concept and optimizing rules, then restrict power and secure human right.