A Study On The System Of Fraud Witness In Bribery Crime Cases

The so-called "witness" is that he is the organizers or participants of crime, criminal stain, but willing to testify for the national prosecuting authority says, in return for a criminal prosecution against or mitigate or lighter charges, witness system is essentially a kind of judicial trading, countries use silence give up criminal prosecution for witness give up. Witness system has been widely exists in the Anglo-American law system countries, in punishing the crime, improve the efficiency of litigation, have played an important role in maintaining social justice. In our country, the use of the witness in the judicial practice have also been commonplace, especially high corruption in recent years, in the process of solve such cases, most of the lack of objective evidence, material evidence, documentary evidence and other knowledge of other witnesses rarely, this brings to the investigation of bribery crime cases great difficulties, resulting in the bribery case, convicted of proof, the judicial organs tends to be to witness as the breakthrough point, to break the deadlock. But in the judicial practice in our country "witness" is a lack of specific rules of law. this will bring the procuratorial organs abuse, torture, witness protected, and so on a series of problems of human rights. So should increase the stain witness system in the criminal procedure law in our country, it not only can obtain testimony detection of bribery crime, but also can avoid the torture phenomenon of this kind of serious human rights abuses. In specific judicial practice, "witness" as a tool to collect evidence of the crime, not only should consider its necessity and the balance of justice, but also from the system level to be perfect.This article will start from the empirical, the bribery case witness system for the preliminary analysis and exploration on the theory and practice, and build a bribery case litigation value and feasibility of the witness system and how to build system of witness put forward views and Suggestions. Main content is divided into four most:the first part, elaborates the concept of witness; The second part, summarizing and analyzing the status quo. the current judicial practice summarized the use of tainted witness immunity system, points out that in the legislative and judicial conflicts:The third part, this paper discusses in to investigate and punish bribery cases in our country to establish the value of the system of witness, urgency and feasibility:The fourth part, the dream of establishing a bribery case of witness system in our country or advice.