Stain Witness System

Tainted witness system as a significant criminal judicial system of modern western countries, was set up upon the guidance of multi-value system of crime control and human rights protection of modern criminal litigation; it is also a rational consideration based on economical efficiency of procedures and profitability of litigation. The foundation of the tainted witness system, which directly reflecting the attention to both values of orderliness and freedom, giving fully consideration to the balance and coordination of fairness and efficiency is a reasonable and effective system in allocating judicial resources and plays a positive role in hitting serious organizational crime and terrorism.The general model of the tainted witness system are four parts:witness refuses to testify based on privilege of "Self-incrimination Opposition"; public prosecution possess the absolute control over testify exemption; the legal consequences of exemption is a truthful testimony from the witness and the partial or wholly exemption of criminal liability executed by judicial authority; and the exemption will not relieve the criminal liability of not testify or false testimony of witness.The aforementioned model shows that the privilege of "Self-incrimination Opposition" is the basis of tainted witness system, however, this privilege has not established in China, let alone the tainted witness system. But as the drug related crimes, smuggling and crimes committed by organized criminal gangs growing worsen, the organization and complexity of crimes becoming deepen, leaves the obtaining of crucial evidence a big problem in the stage of investigation and prosecution. Therefore, how to turn the participants of crimes into witness of public prosecution is very important. In consideration of this, exploration in depth the tainted witness system contains a significant practice value in it.Firstly, this paper gives a clear definition of tainted witness and tainted witness system, and then it makes a deep analysis of the legal basis of the tainted witness system and conducts a systematic conclusion and summary of the substance and procedure of the tainted witness system in world, upon the view of comparative law and with the method of horizontal comparison. Thirdly, it analyzes the necessity and feasibility of building tainted witness system in China currently and finally, it puts forward the idea to build tainted witness system in China.