The Construction Of The Criminal Witness System In China

Criminal lawsuit activity is organized on the evidence. The evidence is the basis of crime to find out the truth and the truth of the case. The investigation which includes collects and gathering evidence reveals and verifies crime, is the key link of the criminal suspect. The investigation organ collecting and obtaining evidence mainly rely on the interrogation of a criminal suspect, to conduct an inquest or examination, search and seizure, identify detection behavior, etc. For the purpose of true pursuit of entities, the security during the investigation phase is the strongest, while the participation is the lowest. Indictment as a public power, if too strong and lack of supervision and restraint, if may often infringe the rights of people, such as property rights and other rights. Especially to conduct an inquest or examination, search and the implementation of the detection behavior, it is more likely to cause damage to the rights of the parties. In the investigation phase, witnesses are involved in investigation activities, which is to supervise and prove the authenticity of the investigators detection behavior and the evidence obtained of objectivity, relevance, is the investigation organ for the investigation of procedural restricting measures. Therefore, witnesses participate in litigation activities reflect the supervision from masses of the people for national public power, that is to say "right restricting power". Witnesses the establishment of the investigation is insufficient to make up for the participation of the stage, through the observation and supervision witnesses detection behavior, the investigators do not conform to the provisions of the law of corrective actions opinion, guarantee the rights of the parties are not illegal invasion, embodies the guarantee of human rights this lawsuit purpose. Witnesses give full play to the supervision and prove the role of detection behavior is the investigation phase moderate public call. Visible, criminal witness system in lawsuit activity is indispensable. However, as our country about criminal witnesses legislation quite scattered, simple, and the existing regulations still exist between conflict, the witness’s legal status, qualifications, rights and obligations, investigation personnel in the legal consequence of the witness system, and so on are no clear rules, plus "heavy entity, light program" ideas, investigators in the practice of the violation of witness program frequently occurred. On March14,2012, the National People’s Congress by the fifth meeting of the criminal procedure law of the People’s Republic of China in the amendment to the concept of witnesses, legal status, rights and obligations, and so on or no legislation to form defined, criminal witnesses supervision and prove the role of detection behavior did not get attention legislation, this to the improvement of the system of criminal witness is very bad, but also to find out the facts of the case and the realization of the procedural justice. Therefore, in order to reflect procedural justice, to regulate the exercise of the indictment, to punish crime, and the function of human rights, it is necessary to improve the legislation about criminal witnesses, the establishment of the condition of our country criminal witness system. This paper, from the criminal witnesses and criminal witness system concept, analysis the criminal witnesses in the process of the lawsuit activity in the role, and criminal witness system embodies the litigious value; Second, through to other countries and regions on the comparative study of the criminal witness system, analyzes the witness system of foreign criminal three legislative mode, summarizes three models of the advantages and disadvantages of the place; Again, with the reality of our country, puts forward the criminal witness system in legislation and judicial practice, the existing problems in the analysis of the cause of these problems; Finally, in combination with the present legislation and judicial practice, the paper puts forward a concrete plan on how to perfect our country’s criminal witness system, so as to give a full play to the supervision of the witnesses and prove role, regulating the investigation behavior, ensuring the smooth procedure.