Perfection Of Criminal Witness System

Principle of a legally prescribed punishment is the most basic principles of criminal law,the cognizance of "legal" refers to the crime must be clearly stipulated by law,the crime that is the basis of the investigation organ in the basis of the investigation phase to obtain all kinds of evidence,thus derived investigation procedure as well as the investigation procedure to obtain evidence should comply with the law.In the case of initial stage,the investigation organ is the only authorization as legal evidence and the law,the investigation organ detection behavior is legal,directly related to the case can proceed smoothly,a direct impact on the victim and the vital interests of the criminal suspects can be guaranteed.Wrongs,are often the way with the investigation phase to obtain evidence method is directly related to the investigation organ in obtaining evidence,tend to be secret,which on the one hand is the need to solve crimes,but on the other hand also reflects the investigation organ is the first person to obtain evidence,its methods of evidence obtained is ra.Therefore,countries in the legislation,in order to restrict and abuse of public power,the introduction of the witness system,to ensure the legitimacy of the evidence obtained,better realize judicial justice and safeguard human rights.Therefore,the witness system in the legal system constantly improve today,is particularly important.Specifically,this article from the following several aspects:The first part discusses the basic situation of the witness system.From the concept of criminal witness,the criminal witness will range from time,defining the main body,etc,according to the role of criminal witness in litigation process,and then analysis the value of criminal witness in criminal cases,mainly reflected in the program,power restriction and the rights of the defendant.Specifically manifests in the inquest,examination,search behavior such as investigation,it is a criminal case to ensure fair and an important part.The second part focuses on the relevant provisions of the criminal witness system abroad.Continental law system and Anglo-American law system according to the national legislation and judicial practice,for different mode of witness,mainly has the following three witness mode:forced witness system,free to witness and witness exclusion pattern.In this paper,the three models are detailed described,and the horizontal comparison,analysis the advantages and disadvantages of various models,thus laid a foundation for later the criminal witness reference.The third part of the criminal procedure law in our country to witness system is too fuzzy,resulting in judicial practice investigation arbitrariness is larger,the serious influence the application of the rules of evidence in the judicial practice.The emergence of the status and the traditional political philosophy and legal culture in our country are closely linked,not from the concept of criminal witness system will be promoted to the legal level.The fourth part from the build perfect criminal witness system,combining with the former,the place is worth using for reference foreign legislation,criminal witness from the main body qualifications and number,the litigation status of criminal witness and the scope of criminal witness,for criminal investigation work to provide a lawful and valid for supervision way,to form a complete and legal evidence linking chain,to safeguard the lawful rights and interests of the parties to provide a guarantee.