On The Immunity System And The Establishment Of A Tainted Witness In Our Country

For China, the tainted witness immunity system is an unique system of extraterritoriality and hasn’t been gradually paid attention by scholars until recent years. The article 50 of the revised criminal procedure law in 2012 stipulated:a judge, a procurator and a investigator must collect a great variety of evidence according to legal procedures, which can prove whether the criminal suspect or the defendant is guilty or not guilty and the seriousness of crime. It is strictly forbidden to extort confessions by torture, collect evidence by threat, enticement, deceit or other illegal means and force anyone to prove his guilt. The amendment was formally implemented on January 1,2013. Based on the provisions of the new criminal litigation law, it is necessary for China to study the tainted witness immunity system against forcing self-incrimination and establish timely the tainted witness immunity system on the basis of Chinese situation.The tainted witness immunity system has been established in the United States, Britain, Germany, Canada, Australia and so on, and has achieved a lot in the application of actual cases. At the same time, China’s Hong Kong and Taiwan also regulated the system in their legislations.While China’s criminal law provisions include merits, surrender, liability and so on, the criminal law seems helpless facing complex crimes, such as corruption, gangdom organized crime and joint crime. Therefore, this paper studies the concept, characteristics, theory and value basis of the tainted witness immunity system,discusses the tainted witness system of extraterritoriality and puts forward its own ideas on establishing the tainted witness immunity system in China.