System Of Criminal Witness

In criminal lawsuit, Investigators in implementation of investigation behaviors can invite outside the third person to participate in the activities of criminal investigation, through the third party witness investigators conduct and supervision of power of investigation organ. Criminal eye-witness system not only demonstrate the power of investigation personnel activities, and can effectively supervision and investigation personnel’s behavior, so as to safeguard the criminal litigants’ legal rights and ensure fairness of the results, and finally ensure the realization of procedural justice and substantive justice concept.This paper through five parts to study criminal eye-witness system:The first part of the meaning of criminal eye-witness system, introduces the basic content and features, mainly on the criminal eye-witness system generalization, this paper discusses the basic problem.The second part analyzes basic theories of criminal eye-witness system, from power restriction theory, theory of procedural justice, substantive justice theory, theory of human rights protection four aspects specific analysis of the theoretical foundation of criminal eye-witness system.The third part introduces extraterritorial criminal eye-witness system, according to the actual situation, respectively, introduced the eye-witness system represented by America’s rejection, free eye-witness system represented by France and Russia as a representative of forced eye-witness system.The fourth part expounds the present situation of the criminal eye-witness system of our country from the legislation and practice is presented in two aspects, analysis of existing problems, and find out the deep cause of these conditions.The fifth part combining with the development of extraterritorial criminal eye-witness system and internal system of the existing problems, and puts forward the necessity to improve the system of eye-witness in our country and specific measures to improve the system of eye-witness.