The Study Of The Criminal Eyewitness System

The criminal eyewitnesses system means that public security and judicial proceedings inthe implementation of specific criminal activity in the case did not invite interested thirdparties to oversee and certify the process and outcome of the litigation activities in orderto ensure its authenticity and legitimacy regime. It is built on the basis of a system ofprocedural justice, power constraints and protection of human rights values in theabove. As China’s criminal closer inquisitorial mode, in this mode, the adversarialparties is not strong, the supervision of the investigating authorities to exerciseinvestigative powers are mainly achieved through the participation of a neutral thirdparty witness. Thus, the criminal system has become a key eyewitness to guarantee thetransparency and credibility of the State Prosecution, the program has an importantvalue. However, our revised " Code of Criminal Procedure," and relevant laws andregulations of the criminal provisions of the witnesses too careless, simple criminaleyewitness the contents of the concept of legal status, rights and obligations, such as tobe no clear oversight and eyewitnesses in criminal prove the role of investigativebehavior did not get legislative attention, which makes the system into a non-existentcriminal eyewitness the quagmire, the value of its proceedings can not be achievedeffectively. A more robust system will not only be able to witness the criminalinvestigation of the behavior of effectively supervise, regulate the exercise of the rightof investigation, thus achieving procedural justice, but also to be able to facilitate theidentification of the true circumstances of the case, so that substantial justice has beeneffectively protected, so as to achieve punish crime, respect for and protection ofhuman rights purposes. Paper uses the theoretical knowledge of jurisprudence,constitutional law and criminal procedure law, in order to study the overall systemconcept as a starting point, logical reasoning and empirical analysis using acombination of methods, integrated use of literature research, comparative study andempirical research other research methods. Based on the testimony of the system ofextraterritorial investigation of criminal law in line with the status of China’s testimonycarried out a detailed study, whichever is the best part. Starting from the definition ofcriminal witnesses, a more detailed analysis and elaboration of the general theory ofcriminal witness system. Through our system of criminal eyewitnesses present in the legislation and the problems and causes of defects that exist in practice focused analysis,to further improve the legislation, a clear criminal eyewitness management authorityand its responsibilities, the establishment of high-quality full eyewitness team, improvethe criminal eyewitness qualification system, build ideas and suggestions for a full-timecriminal eyewitnesses and people near the scene of combining the principles involved inwitness testimony and other systems in order to improve the criminal eyewitnessspecific system to get rid of the current system of criminal witnesses dilemma useless,and establish a more just, reasonable, workable system stronger criminal eyewitnesses,eyewitnesses supervision and proof of criminal action can really be effective play.