On The Establishment Of The Conflict Witness System In China 's Criminal Proceedings

The stain witness system is mainly exist in the criminal proceedings,the prosecutor in order to get the final detail of some important cases,after judge and weigh the advantages and disadvantages,the prosecutor gives up prosecuting criminals that are less harmful to the society or less offense to the case,then to obtain the valuable details of major criminal cases though this way,so as to protect the interests of the state and the collective. The organized crime cases has become a major problem in many countries,coupled with the rapid development of science and technology and the economic,more of organized criminals are easier to make covert of their own,and in this situation,the national judicial authorities in all of the countries has greatly increased the difficulty in the investigation of cases.The stain witness system as a witness to the modern system of criminal procedure system has been widely established in the world, its criminal proceedings provides a solution to the thorny issue, reflecting the combination of criminal proceedings against crime and protection of human rights, taking into account the efficiency and fairness. Article 37 and the "United Nations Convention on Organized Crime," "United Nations Convention against Corruption" on page 26 are all witness to the system to make the corresponding provisions will enhance the tainted witness system to a new level.Also in such large population of our country,the contradictory between the growth rate of all types of criminal cases and the limited judicial resources has increasingly extruded,so the establishment of the stain witness system will undoubtedly become a weapon to curb the crime rate and fight crimes effectively,therefore,under such our social realities,the introduction of the stain witness system and makes it localization is very necessary. In this paper,I will make some necessary discussion and analysis of the establishment of the stain witness system,I hope to build up the stain witness system of our own country as soon as possible,also to provide effective help for fighting against the crime.This paper is divided into four parts :The first part mainly introduces the meaning, characteristics and principles of the tainted witness system; the second section principally elaborates the establishment process and historical development about this system in the foreign. Simultaneously, this part briefly analysis the basic information from foreign contemporary on Tainted witness system; The third piece is pertaining to the necessity and feasibility of establishing a tainted witness system in our country; the last part proposes some specific ideas to establish of the system applicable to our country.