Theory Of Construction Of Stain Witness System In Our Country

The stain witness system is exist in the criminal proceedings, The judicial office in order to obtain criminal evidence of suspects ,by reach an agreement with a lighter suspect that if the suspect as a witness to testify, the judicial office will give up prosecute stain witness. So on the one hand this can punish larger crime, on the other hand, also can make the state, the collective and individual interests are protected. The stain witness system establishment is the premise of against forced self-incrimination,the system is produced in the UK, now many countries have established the system.Due to the criminal suspect has the privilege against forced self-incrimination, there is a possibility of using the stain witness system. However, the prosecution has the right to decide on the application of stain witness system. If the prosecution decides to apply the stain witness system,the tainted witness must truthfully provide evidence and the judiciary will exempt the tainted witness from criminal liability. If the tainted witness does not testify or perjury,not only the criminal responsibility will not be exempted,the stain witness will subject to criminal penalties for perjury. Today,our country's crime rate is high,the means of crime is more and more intelligent,the organization of crime has become more and more strict, and the crime becomes more and more private. So the difficulty of the criminal investigation also increased. Although our country has stipulated that inquisition by torture is prohibited, sometimes in the face of some social impact big case, the government may issue deadline to solve command in order to eliminate the adverse effects of society. At this time the judicial organs may adopt the means of torture, lead to the occurrence of miscarriages of Justice. The stain witness system can help the investigation organ obtain evidence, allows the judicial office to successful proceeding of the larger criminal suspects. So our country should set up the system of stain witness.This paper firstly defines the meaning of the stain witness, the legal basis and the specific provision of stain witness system is analyzed,that can provide reference for our country to build stain witness system. I believe set up the system of stain witness in our country can solve the problem of obtain evidence, reduce the torture, regulate the exercise of jurisdiction, optimize the distribution of judicial resources, improve the efficiency of lawsuit and it can also perform the international treaty obligations. Our country has the possible conditions to establish this system. In the existing legal regulations in our country provided the prior condition for the establishment of the witness system. Although the provisions of the law no stain witness system in China, in judicial practice have the cases of application of stain witness system. It can provide judicial practice experience. And the establishment of stain witness system in our country conforms to the criminal policy of tempering justice with mercy. Our country needs and have conditions to set up the system. At the end of this article, about the build system of stain witness in our country put forward some concrete ideas.