Research On System Of Immunity Of Stain Witness

The law says that the court has the right of getting everyone's oral testimony, that is to say the government has the right of taking evidence compulsively. At the same time, the law also says that everyone has the right against self-incrimination, that is to say nobody has the obligation of suing himself. Protecting the human rights and combating crime are two basic objection of criminal procedure, but the conflict between the protecting the human rights and combating crime often emerge in the judicatory fulfillment. Well, how to balance this contradiction of protecting the human rights and combating crime? This time the immunity of tainted witness emerges. At the present time, many countries and regions have already established this institution. Due to the discrepancy of legal cultural tradition, nowadays, the system still dwell in the world of theory, and is unable to be build in China. But, in fact the system has emerged in the judicatory fulfillment for several times. I think there is space to discuss in the stain witness testimony and its construction. This thesis draws up to commence from the stain witness'concept and its testimony immunity, depending on foreign related rules and integrating the actuality of China, effort to build the immunity system of stained witness with Chinese characteristic.The full thesis is divided into four parts.Chapterâ… is the basic connotation of the system of the immunity of stain witness. This chapter is divided into two sections, first gives a definition of the stain witness, secondly, it analyzes the same points and the difference with the similar institution. It is benefit to strengthen the impression of this system.Chapterâ…¡is legal theory analysis of the stain witness testimony system. The legal principle of the system of immunity of witness was widely considered as the privilege against self-incrimination based on the human rights. The negative effect of the privilege in judicial practice causes the legislator to have to set up a new system to compromise between the bilateral benefit conflicts. It is not only reflects the comprehensive consideration of interests from various aspects, bus also show the individual penalty logos.Chapterâ…¢mainly introduce the specific rules of the nations and the regions, where establishing the stain witness testimony system. Stain witness system is root of England, and developed in United States. This chapter lists some of laws about the system separately, mainly about the common law and the civil law. Studying the foreigner immunity of witness is significant for establishing the system in our country. Chapterâ…£is building the system of the immunity of stain witness in our China. It is essential to establish the system in our country, it encourages witnesses to testify, which helps to raise the efficiency, and promotes the realization of justice entities; it regards the protection of the rights of crime suspects, defendants, and witnesses as the main content, and it represents the procedure's legitimacy itself. To establish the stain witness testimony system, firstly it should definitely the condition that the system applies. Secondly we should adopt the limitary immunity. Thirdly the prosecutor starts up the stain witness testimony system. The court has the judicial review of the system, for ensuring the system applies in the practice correctly. Finally, to establish the exemption disciplinary punishment surveillance mechanism, disciplinary punish sever forged evidence crime.