Research On System Of Immunity Of Stain Witness

Immunity of the tainted witness system was based on the principle opposing giving evidence which may incriminate oneself. Since the day it was born, it played an important role in the crusade against crime and was widely applied around the world. Opposing giving evidence which may incriminate oneself is the basic connotation of modern concept of the law. Such a system values human rights, aims at solving the conflicts between equity and efficiency in law suits, is an important criminal law system in modern society.Right now, we are facing the harsh reality of increasing criminal cases, mean while, these cases tend to be more organized, cooperated and using high technology. In this case, it is harder and harder to collect evidences and further increased the cost. We need to increase the efficiency in law suits by creating a more scientific law suit system. It is necessary and urgent for our country to build the system of opposing giving evidence which may incriminate oneself. Though opposing giving evidence which may incriminate oneself is not legislated in our country yet, it was already applied in real cases. For example:the collapse of Hong Bridge in Chongqing in1999.The initial application of opposing giving evidence which may incriminate oneself had brought us a lot of thoughts. There are inevitable conditions for the foreign countries to create such a system, however, if this system suit the reality of our country is still a question. The latest version of Criminal Law in our country stipulated that one cannot give evidence which may incriminate oneself which supported the immunity of a tainted witness system in legislation. The immunity of a tainted witness system have related ideas and the base of law system. We should take the immunity of a tainted witness system in foreign countries for reference, create such a system that suits the reality of our country.