Research On System Of Criminal Witness System

As we all known, evidence-judging doctrine is a important symbol in western criminal justice culture, it requires judges when identify case facts must be based on adequate evidence, otherwise, Judgments do not only go against the substantive justice, but also interested party difficult to adhere to court decision when violating evidence-judging doctrine.So that, evidence as a basis to find out the case fact and to give punishment fits the crime, it has a crucial position in criminal justice. However, in our country the single rail detection system, collect criminal evidence, investigate the case fact and seize the suspect ’s duty mainly were carried out by national central power authority, namely, investigation organization undertakes the role of collecting various criminal evidence, the defense party is influenced by incomplete investigation system and system of advocacy, it is tough to has its substantial function.Specific to criminal case,investigation authority collects evidence through a series of investigation actions,how to ask witness, question the suspect to collect the testimony of witness, or through collecting inquisition, checking the record and speaking evidence, or through inquisition, check, investigation, search, seal up, arresting to collect inquisition, check record and other tangible evidence. However, in reality, same as other counties’ action, procedure of investigation is based on practicing secretly, it is exception to public, leading to close in procedure of search, the concerned party is difficult to take part in this procedure, since it is lack ofopenness, transparency, general public doubts for criminal authority public credit.In the meanwhile, with the commencement of investigation power, lacking of internal effective restriction when conducting it, the only censorate ’s investigation and supervision due to the in accordance with litigation purpose and capacity action in public security organization, it only can be considered as consubstantial supervision system, resulting investigation supervision become a mere formality; in addition, our country is shortage of investigation system for investigation procedure, it is difficult to form effective mechanism of power face power. From the aspect of defense, due to incomplete defense system in investigation procedure, the variety and scope, procedure of defense right will be limited, it is also difficult to restrict the supervision power. Consequently, it goes inflated while carrying out the investigation power, invasion of criminal suspect right happened frequently. So, there is a need to innovate the investigation procedure,through recruiting the staff who is not in investigation authority to join the investigation activities to break closure, to achieve the distributing and supervision purpose. Hence, the third party join the inquisition, check, seal,search, identify and other investigation action with no interest relationship to case fact and treating consequence. Supervision idea is coming out to prove and supervise the validity, at this point of time, criminal witness system will come out.Factual Proof, a complete witness system not only can present procedure justice,but also supervise and restrict investigation power, standardize the investigation evidence action and ensure reliability and validity of evidence collection,then canensure substantive justice. However, incomplete legislation brings so many problems in criminal practice, and leads this system into trap and difficult to has its own function, resulting watchable justice will be left alone, which violates the original intention. So, it is important and necessary to conduct detailed research for criminal witness system.