The Theory Of Comprehensive Criminal Witness System

The criminal witness based on the judicature democracy and the theory of power balance is a means of supervision widely used in the civil law countries in supervising special authorities which perform judicial actions and powers.According to the criminal witness system,special authorities are required to invite witnesses,to use some considerable working method and to record and supervise the behavior of themselves when they are engaged in a particular application preset by the law.On the basis of different legal traditions and supporting systems set by different countries,criminal witness can be divided into three models generally which are constrained witness,any witness and rejection witness.By combing and comparative study,also combining with the idea of legislation,judicial practice,supporting system and social needs in our country,the author tries to a build a comprehensive criminal witness system that is new,efficient,flexible and easy to practice by both establishing independent power and responsibility system and using modern technology in order to enhance the process of legal constructions of the socialist country,improve the level of human rights protection,to efficiency of lawsuit and the ability of evidence judgment.The comprehensive criminal witness system constructed by author proposes some brand new concepts such as the specialized witness organizations,fulltime witnesses,paid witnesses,remote witnesses,independent witness records,the witness cross-examination,witness protection,forming abundant connotation of the systems.And on this basis,we will expand the scope of criminal witness,which is from the investigation method mainly aiming at the physical evidence to that aiming at witness words evidence.As a result,we will enhance the substantiation and function of the witness work.In the aspect of coordinating the relationship between the investigation secret and the criminal witness,the author properly has handled the relationship between them by weighting the advantages and disadvantages for the sake of work.Through the cooperation with evidence rule,the system will promote the specialized organizations' enthusiasm for actively cooperating with the task of criminal witnesses,will ensure the quality of criminal witness and realize the organic combination of fighting crime and safeguarding human rights.The paper is divided into four chapters:The first chapter clarifies the related concepts?characteristic,orientation and functions of criminal witness,trying to pursue the essence of criminal witness,and outline the ideal blueprint of the criminal witness;The second chapter,through a comparative study on different countries? witness systems,analyzes the characteristics of judicature and legislation in the mode of constrained witness,any witness and rejection witness.Combining with the situation of our country,the chapter analyzes the necessity and feasibility of imitating the constrained witness.The third chapter analyzes the mode of criminal witness performed now in our country,combs the current laws and regulations,figures out the defects in legislation and deficiencies in judicature,and then the paper puts forward the idea of building a comprehensive criminal witness system;The fourth chapter,by using comprehensive witness subject and witness object,we will set up related operation systems,establish the distribution of rights and obligations?implement the connection of hierarchical witness and cohere both the procedure rules and evidence rules,to build a brand new comprehensive criminal witness system.