Study On Witness Testimony System

Protecting the human rights and preventing crime are two basic objection of criminal procedure. But the conflict between the protecting the human rights and preventing crime often emerge in the judicatory fulfillment. In the criminal procedure, protecting the human rights mainly protect the legal rights of the suspects and the defendants. Many international pacts and the majority country's legal provision in the world have established the judicatory principles to protect the legal rights of the suspects and the defendants. At the same time, these provisions increase the difficulty of the preventing crime. For the sake of preventing crime effectively, and also obeying the provision of protecting the human rights, some countries and regions have established the stain witness testimony system. This practice also emerges in our country. The stain witness testimony system has important effect in preventing the drug offences, the contraband offences, the corruption and the bribery offences and the organization offences such as gangsterdom offences and terror offences. It relaxes the conflict between the protecting the human rights and preventing crime. The academic circles pay attention to the system increasingly. The academic circles mainly focus at the stain witness testimony immunity. The stain witness testimony immunity is the core part of the whole stain witness testimony system. Speaking from the narrow sense, the stain witness testimony system is the stain witness testimony immunity. Referring to the related foreign data, it also mainly concentrated in testimony immunity. Therefore, 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, discusses setting up the stain witness testimony system in our country.The full thesis is divided into four parts totally.The first part is the introduction. It first gives a definition of the stain witness. The stain witness in this thesis is the non-core defendants in the other word, non-principal or non-chiefly member, in the drug offences, the contraband offences, the corruption and the bribery offences and the organization offences such as gangsterdom offences and terror offences. The stain witness is the suspect or the defendants, who's guilty is not serious than the core defendants. If he helps the prosecutor prosecute the core defendants, the prosecutor will not prosecute him, or...