Eye-witness’ System Research Of Criminal Investigation

Deeply influenced by traditional culture and criminal investigation stage with the natureof secret, The parties and the social public participation rate is low.Power restrictionmechanism in our investigation procedure should to be advised.the phenomenon of the illegalprogram and violation of human rights in an investigation activities such asinquest,examination, search, seizure appears. I criminal procedure the criminal witnesssystem is an important institution to safeguard investigation procedure legitimacy, validityand openness.A witness is irrelevant to the case,he involves in the investigation activities tosupervise the implementation of the criminal investigation process,to restraint the behavior ofthe members of the investigation.To some extent, it limits the reckless behavior and safeguardhuman rights.Criminal witness system is an important symbol of social forces involved inoperation of state power.Improvement of the system of witness, represents our countrycitizen’s democratic political consciousness constantly strengthen and reflects the process ofour development of the socialist rule of law and the degree of political civilization.However, in current criminal litigation legislation and judicial practice, witnesses systemhas many problems.In the legislation, the legal system of witness system has not beenestablish, provisions on the qualifications, rights and obligations and legal status of witnesshas not been expressed terms and witness application has legislative loopholes.Especiallyafter the new criminal procedure law enacted, witness system still didn’t get the legislativevalue. In the practice of criminal investigation procedure, the phenomenon of violation ofwitness procedure take place frequently,the importance of the witness has not been fullyaware and its function has not played role.This article is start from the basic theory ofcriminal witnesses system,analysis our country legislation and practice problems of thewitness system and then explain the reason of such problems,Combined with the relevantprovisions about the system of witness in other countries’the criminal procedure law to comeup with the concrete measures of the witness system in our country, in order to help to theimprove the system of criminal witness.Besides the introduction, the text is divided into four parts, about twenty-seven thousandwords.In the first part, first of all, this paper introduces the concept of criminal witness, and expound the basic elements of witness system including the body,objects, ways ofparticipation, the purpose of the witness system to build a complete theoretical system ofwitness system.and then the text analyzed the legal significance of criminal witness system inthe investigation stage.The second part, this paper expounds the theoretical basis of criminal witnesssystem:criminal witness system in the investigation stage is on the legal basis of proceduraljustice and power restriction. The legitimacy of the procedural justice, openness, andparticipation is establishing and perfecting the theoretical basis of witness system.at the sametime,Criminal witness, to participate in the activities of investigation in the capacity of aneutral, and to supervise the process of power of investigation, ensure the legitimacy of thedetection behavior.To some extent, Criminal witness constraint investigators, conform to theconnotation and requirements of power restriction theory.In the third part,firstly points out many problems in the aspect of legislation and judicialpractice of criminal witness system in our country,mainly including on the legislation,therewas no clear regulation about the legal status of witness, the rights and obligations ofwitnesses and legal consequences of violation of the witness’s program, not yet set reasonablewitness procedure;In judicial practice, problems such as investigators not inviting witnessesor inviting inadequate witness highlights. Then, from the legal tradition, lawsuit culture,inadequate judicial aspects to analysis the main reasons of these problems.In the fourth part,the paper puts forward the concrete measures of improve the system ofcriminal witness. In combination with the related provisions of foreign criminal witnesssystem,put forward in our country to build criminal forced witness system,and put forward thedefinite ides for the litigation status, rights and obligations of witnesses, witness programsetting in order to push witness system to play a role of supervision and guarantee proceduraljustice and achieve judicial justice.