Discuss The Tainted Witnesses Criminal Immunity System

Tainted witnesses criminal immunity system is widespread in common law countries, it played an important role in the punishment of crime, efficiency of the proceedings and the maintenance of social justice and particularly in bribery cases, organized crime. The cases of Fei Shangli Bribery show that China’s judicial practice has begun to use the criminal immunity of a tainted witness.But our legislation does not require a tainted witness criminal immunity system, thus the positive role of the tainted witness is difficult to play. I chose this topic because of a striking contradiction between the tainted witness the absence of the waiver system and the current judicial practice. By analyzing the theoretical basis of tainted witnesses criminal immunity system and the establishment of conditions for our country to absorb and learn from Western countries tainted witness criminal immunity system, and gradually establish and improve related supporting systems. Tainted witnesses criminal immunity system in our country and make it play its due role in our litigation activities.In addition to the introduction, conclusion, this paper is divided into four parts, the basic content of the following:The first part is the introduction of the Fei Shangli Bribery Case and find out the case of dispute;The second part is about the tainted witness criminal immunity system overview. This part mainly analysis of tainted witness criminal immunity system concept and nature. By some domestic and international theories, summarizes the tainted witness criminal immunity system connotation, tainted witness criminal immunity system the composition characteristics, tainted witness criminal immunity system theory;The third part is about the study of tainted witness criminal immunity system the necessity and the feasibility. Through the analysis of China’s tainted witness legal practice, summed up the necessity of tainted witness criminal immunity system. According to the domestic law and international law theory to the study of tainted witness criminal immunity system and the feasibility of this system in our country;The fourth part is about the construction of China’s tainted witness criminal immunity system of tainted witness criminal immunity system, clear the scope of legislation in China, research how to apply this system, puts forward own proposal. For this system in our criminal fields to play its due role, we should draw lessons from the domestic and foreign experience makes clear the tainted witness criminal immunity system program and mode and make the system suitable for china.