Study On System Of Immunity Of Stain Witness

Organized drug-related crime, corruption and bribery crimes, organized crimes, terrorism and other serious crimes are always a concern in the society. Alliance, complexity of the crimes as well as concealment of evidence increase greatly the difficulty of the investigation authorities to collect evidence. Crime participant would make use of the rule "Shall not force anyone to prove his guilt"in criminal procedure to protect their legitimate rights and interests when get involved in the investigation. This will make the judiciary combating more difficult to deal with the organized drug-related crime, corruption and bribery crimes, organized crimes, terrorism and other serious crimes. This situation caused academics and practitioners to debate if the criminal suspect and the defendant should have the right to keep in silence. This problem also aroused people’s concern about tainted witness immunity system. In fact, tainted witness immunity system is a kind of judicial deal in essence. It waives the crime of participants who has not serious crime. And the suspects would turn into a prosecution witness. This is a way that try to neutralize the negative influence caused by the rule"Shall not force anyone to prove his guilt". In that case, Witness immunity system will have the testimony in a legal and effective way via the tainted witness. This system not only can improve the initiative of the tainted witness but also can collapse the crime alliance as well as to control the crime. It’s very important to establish the tainted witness immunity system at the current stage. By general statements of stain witnesses and stain witnesses exemption, analyzing stain witnesses exemption system and legal based, and researching extraterritorial stain witnesses exemption system of common features and law, it can find out the common of extraterritorial stain witnesses system and discuss the necessity and feasibility to establish the stain witnesses system in China. It will also discuss if the Privilege of Silence of the criminal suspect and the defendant exists. Then finally come up with the preliminary ideas to establish stain witness in China.