Research On Witness System Of Criminal Proceedings

The system of witness in criminal proceedings is a litigation system that governs procedures for collecting criminal evidence.Specifically,during the process of collecting important evidence such as physical evidence and documentary evidence during the investigation stage,there should be people other than the investigators present,and the objective of the relevant investigative activities should be objective.A system that supervises sex and legitimacy.This system has multiple functions such as investigative supervision,rights protection,and fixed evidence.However,our country's law does not clearly stipulate the criminal witness system in terms of the witness' s qualifications and specific witnessing procedures.In addition,the investigating organ considers the efficiency of case detection and the secretiveness of investigation activities,and often does not invite witnesses in investigation activities.People witness to specific investigative activities,leading to the ineffectiveness of the function of the judicial witness system.Therefore,it is of great significance to explore the construction of China's criminal witness witness system to supervise whether the investigation activities in our country are lawful or not.The first part of this article from is the theory to define the criminal witness system,and according to the characteristics of the witness system,analysis to set up the system of witness has evidence investigation supervision,rights,and fixed the function of the three aspects.The second part from the current relevant laws and regulations in China,analyzes the criminal witness system in the main body is unknown,the irregular procedure of witness,and breaking the system do not have a unified legal consequences such as the deficiency existing in three aspects.The third part is through the different legal provisions on the criminal witness system in countries such as Russia,Germany,and France.It is analyzed that in the criminal investigation activities outside the region,the choice of the witness model is compatible with the lawsuit tradition and litigation structure in the country.The system of witnesses should have regulated procedures and be accompanied by corresponding legal consequences after violating witness systems.In the fourth part,based on the successful experience from the outside world and the combination of our country's practice,we discuss the construction of the criminal witness witness system in our country.First,we make clear the model choice of the criminal witness systemin China according to the lawsuit structure in our country;After the model puts forward suggestions on the improvement of specific systems,China can improve the criminal witness system in China by clarifying witnesses' subject qualifications,rights and obligations,setting up witnessing procedures reasonably,harmonizing the legal consequences of witness system violations,and setting up related supporting measures.In the hope that the system can effectively play a more active and effective role in the process of the modernization of the rule of law in China.