Research On Immunity Of Tainted Wetness

The immunity of tainted wetness refers to the criminal suspects and defendants as the prosecution witness thus from criminal shall be investigated for criminal or give on be given a lighter or mitigated or be exempted from punishment to a criminal justice system. Due to stain witness exempt system can better combat smuggling, drugs, such as the delist of modem organized crime, effectively balance in the fight against crime and safeguard human rights, adapt to the conflict between social reality needs. Therefore, UK, USA, Canada, Germany and China's Hong Kong, Macao and Taiwan are established for this system. At present, along with our country organized crime increased and the accompanying crime means of high technology and secret, establish stain witness exempt system also has its necessity and urgency. Therefore, this paper attempts to stain witness exempt system are preliminarily discussed.This paper is divided into four parts:The first part is a stain on the legal interpretation witness exempt system. First connection with some advanced countries and regions stain on law introduced the concept and characteristic of the witness, and then based on this further illustrates the connotation of witnesses exemption stain, including the related concepts and characteristics of the analysis and summary, for further understanding stain witness meaning, and save the system and the related concept of comparative analysis.The second part is the witness exempt system theory stain on analysis. This system theory premise is against forced incriminate himself principle, stain witness exempt system is in offset against forced incriminate himself on the basis of the principle of insufficient established and developed, on the other hand, stain witness exempt system also reflected the benefits balance principle, punishing crimes and guarantee human rights tradeoff and judicial justice and the efficiency of lawsuit tradeoff is this principle the embodiment.The third part is a stain on the comparative investigation witness exempt system. This part of mainly introduced the Anglo-American law and civil law major countries and China's Hong Kong, Macao and Taiwan regions about stain witness exempt system legislative regulations, through to the countries and regions in legislative regulation of the analyzed found its existence, in order to show the differences and similarities between China's system construction have a certain significance.The fourth part is stain witness exemption system in China construction. This is the whole article priority. Of our country at first establish stain witness exempt system on the necessity and feasibility analysis, looking for the system in China build conditions. Based on the analysis of stain witness exempt system in readings, absorbing foreign advanced experience foundation, takes the forward-looking vision to our country the stain of the witness exempt system construction, establish suitable for China's national conditions of stain witness exempt system. This includes not only the system construction, itself, such as mode selection, scope and operational procedures, and so on, but also include supporting system establishment and the consummation.