Research On Criminal Witness System

Criminal witness system as a kind of system of supervision and restriction of the indictment,reflected in the concept of "right restricting power",embodies the application of open,transparent,made up for the inadequacy of the parties to participate,embodies the concept of human rights,has a pivotal role.However,at present,stipulation about this system in our country is not comprehensive,and there is conflict between the provisions of the existing.Witness system of legislative defects affect the specification and unification of the judicial practice operation,makes the system failed to play its proper role.Therefore,in order to supervise and restrict indictment,regulating the exercise of the indictment,it is necessary to perfect the system of criminal witness in our country.The article begins with the concept of criminal witness,combining academic point of view,referring to the related provisions of foreign legislative cases,gives my definition of the concept.Inspects criminal witness system abroad,analysis of the pros and cons of the three different modes of the system,draws the enlightenment to our country: forced witness mode is worthy of reference for our country.Combining the domestic practice,researches the present situation of the criminal witness system in our country,points out some problems: the applicable scope of the criminal witness,legal status,rights and obligations,qualifications,and violation of criminal witness system should bear the legal responsibility of the provisions are not clear.Finally,puts forward the suggestions of perfecting our country's criminal witness system: The applicable scope includes inquisition,examination,search,seizure,detainment,identify and interrogation.The qualification of witness is irrelevant to the case,have good character and full capacity.The legal status of witnesses is participants in the proceedings.Witnesses have the rights of deciding whether to accept the invitation to participate in the activities of litigation act as a witness,consult and confirm the record content,requiring investigators produce relevant certificates,and obtaining the economic compensation,safety guarantee.Witnesses undertake the obligation of witness,carefully kept secret,and testify.Distinguishes the effect of evidence of different illegal witness.