Immunity Of Tainted Witness In Criminal Procedure

Protecting the human rights and preventing criminal are two basic objection of criminal procedure. But the conflict between the protecting the human rights and preventing crime often emerge in the judicatory fulfillment in the criminal procedure. Protecting the human rights mainly protect the legal rights of the suspects and the defendants. Many international pacts and the majority country's legal provision in the world have established the judicatory principles to protect the legal rights of the suspects and the defendants. At the same time, these provisions increase the difficulty of the preventing crime. However, the stain witness testimony system can solve that problem.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.This paper including four parts:Part 1: The discussion and analysis of the history of the immunity of tainted witness.Part 2: After the detailed anglicizing of concept of "tainted witness"," immunity of tainted witness", I give the differences between other familiar conceptions and them.Part 3: The horizontal comparison of immunity of tainted witness system from five different angles. In this part, I will show you that some attributes of immunity of tainted witness are fixed, they can't be changed.Part 4: Combine the conclusion of the three parts above-mentioned, this part analyzed the difficulty we have to face when the immunity of tainted witness is building. In addition, I also provide the path of choice and some suggestion for our country's immunity of tainted witness, and how to Transplant and build up this system when we are ready.