Issues On Establishment Of Eve-witness System In Criminal Procedural

The criminal witness system based on equality civil lawsuit procedure before the parties involved in shortage, the power restriction and evidence that the value of the security force is Used in the criminal investigation and litigation activities, which is a system where a particular person accepts the public security organs, people’s procuratorates, people’s courts invitation, and in some cases the lawsuit activity to observation, proof action process and results. At present, in China’s judicial practice, there are many investigation and litigation actions illegal problems, such as the general criminal witness regulations and the ignorance of containing value. And the Witness system exists such problems as invited optionally, the lack of rights and obligations, fuzzy range, and not perfect supervision and safeguard mechanism. It can not get effective implementation. Thus this not only damages the legal rights of the parties and the case of unfair to judge, but also blows the authority of law and judicial justice image. Therefore, it is of much necessity of the analysis of the current situation and the crux of Chinese criminal witness system, of the reference to foreign criminal witness system experience, and the constant improvement of the criminal witnesses system as well as increasing practice specific operation.the Full text is divided into four chapters.Chapter1:The analysis of criminal litigation in the legal behavior witness system. To the judicial practice in China into criminal witnesses in the system of legal theory, I think Chinese criminal witnesses system established of legal theory respectively is:it reflects the dual goals of the punishment of The criminal litigation criminals and safeguard human rights, balances the shortage of the parties to participate in the criminal procedure and the supervision of Investigation organ behavior and at the same time gives the demarcation to the criminal witnesses legal status.Chapter2:The comparison on criminal witness system regulations between home and abroad. In combination with the current law. Ours compare with criminal witness systems of some representative countries, such as Russia, France, and Japan, pointing out the advantages and disadvantages so as to perfect our witness system and draw useful guidance.Chapter3:The existing problems on witness in the criminal lawsuit of our country and the analysis of the reasons. My points will be given out through the program of criminal witness invited and participation in witness program that in the practice of existing problems of Chinese criminal witness system and the crux of the problem and this is criminal witnesses the orientation of the development of the system.Chapter4:The system structure on Chinese witness system in the criminal lawsuit. In view of problems on China’s practice of criminal witness system.it is to be completed respectively from the standard of witness invited, the restriction of scope of application, the reutilization of witnesses’participation in litigation, the rights and obligations of the witnesses to the standardization of the witnesses and safeguard and supervision mechanism construction, strengthening the operability of criminal witnesses, guaranteeing its value play in the system of criminal witness.