Research On Criminal Witness System

Find out the truth of the crime, correct conviction and sentencing case, that "seeking truth from the facts", "does not live up vertical", "wrong must be punished", which are the main purpose of the judiciary in accordance with legal procedures in criminal proceedings. In criminal lawsuit, Investigators can invite the neutral third person,who has no interest in the case involved in the identity of the criminal investigation, and let the neutral third person witnesses the power of third party investigators engaged in investigative activities and supervise the investigating authorities to exercise the right of the criminal investigation. As a procedural constraints on the conduct of the investigation, the criminal investigation activities prove both witness and supervision the investigators conduct a dual function, which can effectively protect the orderly operation of the criminal proceedings, so as to safeguard the legal rights of the criminal ligtiantes and ensure fairnerrness of the results about the case. All in all, The criminal witness system is an important measure to realize the concept of the litigation procedural justice and substantive justice, which can help to improve the credibility of the justice and prevent the occurrence of miscarriages of justice.This article through four parts of criminal witness system were studied:The first part is an overview of the criminal witness system. From the connotation of criminal witness, this paper introduces the value of the criminal witness system exists, that is procedural justice, power restriction and the protection of the rights, then analysises the basic function in criminal proceedings, who have proved investigation activities and supervised the criminal investigation.The second part focuses on the different modes of extraterritorial criminal witness. In view of the legal system of each country or region outside litigation philosophy is different,first in Russia, Italy, represented forced to witness the model to the United States, Britain and Japan as a representative model and to the exclusion of testimony, Germany, France, and China’s Taiwan region on behalf of any witness to analyze patterns, then comment these three different modes.The third part is the present situation of the criminal witness system of our country.Respectively, from the legislative and judicial practice both witness describes the reality of the criminal system, analysis of the problems in the system of criminal testimony, then find out the underlying causes of these problems.The fourth part is the perfect witness of our criminal system recommendations. On the basis of different modes of learning the extraterritorial criminal witness, and take full account of the reality of the criminal witness system, put forward a sound system of criminal testimony recommendations. First, we must fully understand the dangers of illegal criminal witness exists, change the traditional concept of realization, then improve the criminal witness legislation. Lastly, we should set the appropriate procedural sanctions, in order to regulate the behavior of law enforcement witness criminal investigators.