Tainted Witnesses In Criminal Proceedings Exemption System

As "stain witnesses" was put forward as a popular bill in two sessions, the wholesociety of pay close attention to the stain witnesses. The improvement about Systemof Immunity for Stain Witness from experts and scholars start a new journey. Thecriminal procedure law of our country does not make Stain Witness as the formalrules, just in the judicial practice to use, but it plays an important role in fining a realtruth. This thesis refers to the stain witnesses mainly in a joint crime or major crime.A minor criminal suspect or the defendant who participated in crime and will take theresponsibility by criminal is less harmful than the core the defendant。By agreement,the minor criminal suspect or the defendant should be changed identity as a witness tohelp the judiciary to testify core the defendant, and be exempt from penal prosecutionor punishment, be granted lighter or mitigated punishment. The full thesis is dividedinto four parts totally.Part 1: the definition of the stain witness and system of immunity for stainwitness. By grasping the core characteristics of stain witness to analyze their relatedconcepts and conclude the definition of the stain witness and system of immunity forstain witness.Part 2: Mainly introduce system of immunity for stain witness which establish insome countries. The birthplace of this system is in British. System of immunity forstain witness of America is the most representative and perfect system; In addition,German and Hong Kong and Taiwan also establish this system. Exploration andanalysis from the other countries and regions, the purpose is looking for strongreference source to construct relevant system in our country.Part 3: Mainly analyze theory background and value of the stain witnesstestimony system. Firstly, from origin of this system and based on litigation benefitsof this system to analyze the reason about immunity for stain witness, includingagainst self-incrimination and the balance principle of the criminal procedurelaw .Secondly , it is necessary to exist and its necessity contains: gathering evidence,regulating investigation procedure, improving efficiency and so on. Part 4: The construction of the stain witness testimony system. First shoulddetermine the main principle. According to the above principles and practice in ourcountry, construct the stain witness testimony system in China. In addition, in order tosafeguard immunity system for the stain witness to play its proper role, revenantsystem should be built and improved.