Research On Criminal Witness System In China

Under the influence of the traditional concept of litigation, the investigation organs in practice tend to pay more attention to the criminal suspect's criminal responsibility, Neglect or neglect of the protection of the rights of the parties concerned, Coupled with China is not yet mature judicial review system, In order to pursue the efficiency and the phenomenon of legal proceedings in an endless stream, Especially in the inquest, inspection, search, seizure involved key physical evidence collection process, Violation of the legal procedure, violating the fundamental rights of the parties, sometimes resulting in miscarriages of justice, the consequences are very serious. The establishment of criminal witness system is to prevent the emergence of this kind of situation, The third persons who are not interested in the transfer of the case may participate in the proceedings to supervise and prove the contents, process and results of the activities of the investigation, This is not only to restrict the abuse of the power of investigation, to ensure that the investigation personnel according to the legal procedure of investigation and evidence collection, but also to protect the party's property rights, personal rights and other basic rights, to ensure that the process of justice. However, whether China's legislation and judicial practice from the current situation of the security system is not enough to give enough attention, there are a lot of problems. This article mainly from the basic concept of the criminal eyewitness system, this paper expounds the theoretical basis and function of the criminal eyewitness system, the significance of the existence of the criminal eyewitness system, from the experience of foreign criminal eyewitness system, from the angle of legislation and judicial practice, we find the existence of eyewitness system in criminal investigation stage, analysis of the causes of the problem. Finally, the theory of contact with reality, the criminal eyewitness system to improve the idea, in order to make our criminal eyewitness system in the process of the rule of law in our country can effectively play a more positive role.