Surmount From Doctrinism Of Bringing

The immunity of tainted witness is an important evidence system in many foreign countries. Its particular way of immunity plays a signify role in combating and reforming criminal. With the system come into the range of vision of Chinese law, the academic circles warmly investigated the new matter from different angles. Due to the discrepancy of legal cultural tradition and the dissension of target of judicial find value, nowadays, the system still dwell in the world of theory, and is unable to be build in China. In accordance with this circumstance, the essay depends on foreign related rules and integrates the actuality of China, effort to build the immunity system of tainted witness with Chinese characteristic.This article has five parts. The first section briefly introduces the research situation on this system. The second part, first of all, makes a definition of blot witness and analyzes its mainly characteristic. Then bring up the system that tainted witness bear witness for the purpose of immunity of criminal act and explicate the content of the system. In order to definite the system clearly, the third part compare it with some similar legal system, such as plea bargain. And based on the analysis bring forward the foundation of jurisprudence which it emerge. In order to show the different practice on this issue, based on two kinds of models—immunity of guilt and immunity of application of testimony, the essay make a brief exam of the immunity of blot witness in 5 major representative countries, including United States, England ,Canada, German, India and 3 cities. Different locality choose differentmodel. For a better understanding the reasons account for the difference above, the forth part then bring forward game theory to make an analysis on the advantage and disadvantage of the two kinds of modes for improving the criminal lawsuit. According to the rational economic analysis, the essay argues that the model of immunity of guilt will be more fitted for rational man's decision. The fifth part analyze the legal value of the system and current Chinese legal system's shortage if build immunity of blot witness. In the last part, the essay makes an examination of Chinese current system and some suggestions on building the system also made accordingly.