History, Status Quo And Reconstruction Of The Immunity Of Witness

The immunity of witness is very important in modern evidence law of the western countries. The privilege also has a long history in ancient China, which is recognized as the"accept and hide"system. The"accept and hide"system is a very important legal system in China. Both the immunity of witness and the"accept and hide"system in ancient China are the results of choosing among many values. However, after the foundation of new China, the immunity of witness disappeared completely in the legal area of china, which has caused many unjust results in legal practice. Recently, facing up to the fundamental appeal of human nature, scholars begin to call on to reconstruct the immunity of witness and have made great achievements in theoretical research by paying more attention to the problem. The history and value of the"accept and hide"system and the current legislation of immunity of witness give me the enlightenment, and the purpose of constructing harmonious society also makes me to conclude that we should reconstruct the immunity of witness in criminal evidence law of China.The article analyzes the immunity of witness in criminal cases in the following five parts. The first part makes a general introduction of the immunity of witness. The author begins with the concept of the immunity of witness, introduces the character and essence of the privilege, and gets a general understanding of the immunity of witness. The second part introduces the status quo of the immunity of witness in foreign countries. The author gives an overall introduction of the legislation about the immunity of witness in the common law system and the civil law system. On the basis of the above analysis, the author explains the differences and similarities between the two legal systems by comparative analysis. The third part analyzes the legislation of the immunity of witness in China. Based on the analysis of the legislation of the immunity of witness in Taiwan and the ancient"accept and hide"system, the author points out the deficiency of the legislation in P.R.China. The fourth part analyzes the historical and modern meanings of the"accept and hide"system. By way of the above analysis, the author points out the importance of putting the immunity of witness into law in China, which forms the basis of the following part. The fifth part puts forward the idea of reconstruction of the immunity of witness, which is the key part of the article. The part analyzes the overall design of the construction of the immunity of witness in China and the possible problems and the relevant resolutions, and puts forward some suggestions of legislation of the immunity of witness. As to the overall design of the immunity of witness in China, the author explains the feasibility of legislation of immunity of witness from the theoretical and practical perspective, and discusses the principle, content, exception and application of the immunity of witness. As to the problems and resolutions, the author points out that the bottle neck of legislation about the immunity of witness is that witness will not testify in court. In order to prompt witness to testify in court, we should take measures to force witness to testify in court if necessary and protect the rights of the witness. The article discusses the reform of the relevant substantial and procedural law about the immunity of witness.