The Principle Of Criminal Law From The Perspective Of Hhe Immunity Of Tainted Witness

Qijiang Hongqiao case is said to be the first case of tainted witnesses in China. There have been many studies on the Immunity of Tainted Witnesses System (ITWS) in China, most of which are conducted from the perspective of Criminal Procedure Law. This article tries to study this system with a different perspective from Criminal Law, based on the three principles of Criminal Law, to consider how the system corresponds to those principles.First of all, in terms of the discussing methods, this article starts with the social harm resulting from giving and taking bribes, and shows that ITWS in bribery cases is in accordance with the principle that the punishment should meet with the crime and responsibility. It then analyzes the principle of same punishment for the same crime, as well as the responsibility of taking bribes, to posit that ITWS in bribery cases is in accordance with the principle of everyone being equal the criminal law. It lastly explores the internal meaning of the principle of legality, and argues that ITWS in bribery cases is in accordance with the principle of legality.Secondly, in respect of the logic, this article starts its analysis with the argument that ITWS in bribery cases is in accordance with the principle that the punishment should meet with the crime and responsibility. Based on this argument, it examines the relationship between ITWS in bribery cases and the principle of everyone being equal the criminal law. The principles of legality because the restrictions, this exemption from the tainted witness bribery system and the principle of legality embodied in the spirit of seeking fit of the Department, which on the discussion in line with the principle of legality is not the basis of the first two parts.Thirdly, in terms of the contents, this article focuses on the following issues: the nature and characteristics of tainted witnesses; the nature of ITWS; the principle of punishment should meet with the crime and responsibility; the object, methods, subjective of the parties giving bribes and taking bribes; the testimony of tainted witnesses; the principle of everyone being equal before criminal law; the principle of legality; the understanding of Article 3 of Criminal Law; the attitude to anti-bribery crime; and the meaning of establishing ITWS in bribery cases. This article also defines the following concepts: tainted witnesses, immunity system of tainted witnesses. It comments on the following theoretical opinions: the object of the behavior of giving bribes is complicated; the object of the behavior of taking bribes is the non-tradability of job behavior; taking and giving bribes are mutual crime; The first part of Article 3 of Criminal Law embodies of positive principle of legality, the first part is to control the power of decriminalization, while the last part is to control the power of incriminalization. The main arguments of this articles are listed as follows: 1) ITWS conforms to the principle of punishment should meet with the crime and responsibility, the principle of the principle of everyone being equal the criminal law, and the principle of legality; 2) the nature of the testimony of tainted witnesses is confession behavior; 3) the object of the behavior of giving bribes is state functionary's honesty of duty; 4) The object of taking bribes is complicated, the major object is state functionary's honesty of duty, the secondary object is the management of the state organs, state-owned corporations, state-owned enterprises and institutions, people's organizations; 5) the crime of giving and taking bribes is mutual, rather than mutual crime; 6) Article 3 of Criminal Law presents the meaning of controlling the power of incriminalization.