Study On Investigation Eyewitness

As one of the premised cases which illegal evidence exclusion, witnesses systemcan effectively protect the legitimacy of the evidence and enhance the force of theevidence, it also upgrade the function that the impartiality and seriousness on theprocess and the results which a country investigate criminal activities. It reflects thedouble values, punish the crime effectively and the protect the human rights fully. Ourcountry always gives first place to statute. In this mode of criminal proceedings，Investigation stage is undoubtedly an important stage to identify the facts of the case soas to restore the truth. However, due to the current system whose primary purpose is topursue the entity’s reality, parties and other citizen rarely participate in Investigationstage，so establishing and practicing the eyewitness related systems is an effectivebalancing mechanism to guarantee the parties’ participation in the investigation stage.This thesis does a preliminary research on eyewitnesses system from six aspects. First,the introduction described the necessity and significance of the study on theeyewitnesses problems; and then the first part outlines the definitions, content foreyewitnesses system and its function, status and value; the second part lists theconditions as an eyewitness, including the validity conditions and restrictive conditions;the third part is about the rights and obligations in the eyewitnesses; the fourth partanalyzed the malpractice of the eyewitnesses system at this stage, include the defectsof legislation and the problems in investigation; the fifth part is some suggestions ofthe author on improving the eyewitnesses system in the Investigation, which is thefinishing touch of this thesis; finally the sixth part is to discuss whether the witnessshould be invited to join the investigate experiment.