On Constructing The Exemption System Of Tainted Witnesses’ Criminal Responsibility In China

The exemption system of tainted witnesses’ criminal responsibility which borrowed from abroad, The United States is considered to be the most comprehensive country on development of this system. With the passage of time, some countries in the continental law system have been extremely taken the construction of this system and make a series of related legislative stipulation. The system has also been recognized in the international community. Unfortunately, China still not established the system in the criminal legal system.Nowadays, the system still dwells in the world of theory, and is unable to be built in China. But, in fact the system has emerged in the judicatory fulfillment for several times. It means this system in China has its existing value and development space. In recent years, as the drug related crimes, smuggling and crimes committed by organized criminal gangs growing worsen, the organization and complexity of crimes becoming deepen, leaves the obtaining of crucial evidence a big problem in the stage of investigation and prosecution. In the practice of judicial actions, we invoke most relevant regulations which related with the exemption system of tainted witnesses’ criminal responsibility, like voluntary surrender and meritorious service. Therefore, how to turn participants of crimes into witness of public prosecution is very important. In consideration of this, exploration in depth the tainted witness system contains a significant practice value in it. We should propose some ideas for building the exemption system of tainted witnesses’ criminal responsibility in the Chinese legal environment instead of copying other countries. Let the system plays an important role in our judicial practice.This dissertation is divided into four parts:The first part, it gives a clear definition of tainted witness and the exemption system of tainted witnesses’ criminal responsibility, describes the natures and jurisprudential basis of the stain witness system is probed. The second part is the stain witness system effective in the different foreign countries, highlighting that of the United States. The third part, it analysis is made as to the necessity and feasibility for China to adopt the tainted witness system. The fourth part, it puts forward the idea to build tainted witness system in China.