Investigation Stage Introduction Of Tainted Witness Immunity System Research

Tainted witness immunity system is essentially a national judicial authority with the interests of the exchange between witness,the judicial organs by giving up the right punishment for witness confess voluntarily,in order to achieve the more serious criminal charges.Tainted witness immunity system is widely used in common law countries and regions,the major criminal investigation,prosecution,trial,and improve the efficiency of litigation play a great role in promoting.The system in our country,there is a widely used bribery case investigation phase.Bribery case,between bribery and corruption are one-to-one crime,confidentiality is extremely strong,lack of objective evidence,material evidence,documentary evidence and other key evidence of confession be finalized.Bribery case the parties to escape conviction often refused to confession,lead to bribery case,forensic investigation filed.In our country in 2012 revised the criminal procedure law,the respect and safeguard human rights,shall not be forced to incriminate himself,illegal evidence exclusion has made specific provision,the investigation organ for bribery case suspect confess voluntarily brought a huge challenge.For solving the dilemma,the investigation organ take more suspected of briber or an accessory of common bribery can be converted to the practice of witness.China’s "criminal law" provisions of the merit with candor,surrendered,the plot of the criminal suspect may be,shall be given a lighter or mitigated punishment or be exempted from punishment,but there is no clear provisions witness immunity system,caused the disconnection between theory and judicial practice.Therefore,it is necessary to build a complete stain witness in our country criminal law exemption system,and the witness transformation conditions,application procedures,rights protection,supervision and so on do zhang,to bribery case investigation activities to provide the system guarantee of the specification.In this paper,the bribery case investigation phase witness immunity system made some analysis and research from the aspects of theory and practice,and to build this system puts forward the superficial view.The article is divided into four parts: first,the analysis of the concept of witness and the exemption system,and comparing with contributions,the system of plea trade;Second is bribery cases as a sample for analysis,the paper expounds investigation dilemma and its causes,to our country witness immunity system legislation problems were analyzed,and illustrate the introducingbribe crime investigation phase,the essay discusses the necessity and feasibility of witness system;Three is to countries outside and tainted witness immunity system in Hong Kong,Macao and Taiwan regions of investigation and reference;Four is to bribery case investigation stage in our country is introduced into witness immunity system put forward some preliminary ideas.