Criminal Witness Exemption 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, 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. The immunity of tainted witness is an important evidence system in many foreign countries. Its particular way of immunity plays a signify role in combating and reforming criminal. With the system come into the range of vision of Chinese law the academic circles warmly investigated the new matter from different angles.The stain witness testimony immunity is the core part of the whole stain witness testimony system.From the beginning of the immunity of witness, the argument about it has never stopped. Its advantage of increasing efficiency is outstanding, but to a certain extent it harms the justice of jurisdiction. It is a system with advantages and disadvantages, which demonstrates the contradiction and conflict between idea and reality, between justice and efficiency. With the contrast between the increasing criminal cases and the limited jurisdictional resources, the adoption of the immunity of witness is the makeshift but rational.The criminal procedure in our country shares the similar factors of immunity of witness, but not systemized. We can use the immunity of witness system in the U.S. as a reference, and take advantage of its reasonable elements in an attempt to found the immunity of witness system with Chinese characteristic. In addition, because of the different system background, we should set strict limits to its adoption, clearly make provisions for its scope and condition of application and establish effective security system and mechanism of jurisdictional examination and relief, so as to avoid its negative effects to the utmost extent and promote the coordination among the multiple values of criminal procedure.