Research On Protection Of Witness Rights In The Stage Of The Investigation Of Official Occupational Crimes

With the continuous strengthen and improvement of the socialist legal system,procedural problems become more and more prominent in the process of criminal procedurein China and more and more legal workers find that some of the provisions in the law aredifficult to be effectively implemented in the judicial practice. According to the SixtiethRegulation in the new Criminal Procedural Law:"Those who know the facts of the case havethe obligation to offer testimony." So what are the reasons why the Sixtieth Regulation in thenew Criminal Procedural Law is hard to get effective implementation and enforcement? Thispaper explores this issue in the perspective of the witness rights protection in the stage of theinvestigation of official occupational crimes so as to discover the cause of this phenomenonand find the way to solve the problem.The paper, entitled Research on the Protection of Witness Rights in the Stage of theInvestigation of Official Occupational Crimes is divided into four parts.In the first part, the author focuses on general issues concerning the witness rightsprotection in the stage of the Investigation of official occupational crimes. Officialoccupational Crimes refer to crimes committed by people who intentionally or negligentlyimplement their duties that violate functions and reputation of national management and causegreat losses to their country and people, including corruption, bribery and malfeasance as wellas crimes committed by state workers who taking advantage of their office to infringe uponpersonal and democratic rights of the citizen. The witness protection in this stage is mainlytargeted at the witnesses and their close relatives, and the scopes of the witness protectioninclude the right of personal security, the right of economic compensation, the right to know,the right to appeal and sue and so on.In the second part, the author presents the status quo and problems of the witness rightsprotection in the stage of the investigation of official occupational crimes. The judicial presentof the witness rights protection in the stage of the investigation of official occupational crimesin our country mainly refers to the phenomenon of witnesses’ interference, including both theinterference of criminal suspects to the witness, and the certain interference caused byinvestigation organs to the witnesses who would testify in the court. The overall situation ofthe witness right protection in this stage is good and there are more and more regulations ofwitness protection in the Constitution and the laws, showing that the witness protection are getting more and more extensive attention. But in the framework of current laws andregulations, there are certain problems including unclear of witness protection agencies; lackof operable laws; no fully establishment of witness economic compensational systems; weakin execution of laws and the lack of a reasonable convergence among different legalprotection mechanisms and so on.In the third part, the author presents the protection of witness rights in the stage of theinvestigation of official occupational crimes outside mainland China. This section introducessome international organizations, the world’s two major legal systems, the legislation on theprotection of the rights of the witness in the stage of the investigation of official occupationalcrimes in Hong Kong and Taiwan.The fourth section is about proposition of constructing the system of the protection ofwitness rights in the stage of the investigation of official occupational crimes. By thinkingover and comparing the merits and demerits of foreign countries and our country, the authorholds that efforts should be made in the following aspects in order to accelerate the currentsystem of the protection of witness rights in the stage of the investigation of officialoccupational crimes: building a grading witness protection system; detailing the regulationson the protection of witness and improving witness economic compensation system in thestage of the investigation of official occupational crimes.