Investigation Report On The Operation Of Witness System

Criminal witness system is a system in which investigative organs invite neutral third parties to supervise the normative nature of investigative action and prove the legality of investigative procedure when necessary.It has the functions of standardizing investigative action,restricting investigative power and guaranteeing the rights of the parties.However,due to the absence of witness legislation and the imperfect construction of the system for a long time,its procedural value has been neglected.In practice,the application of witness system is not smooth and the implementation effect is not good.With the deepening of the concept of procedural justice,the issue of perfecting the witness system reappears in people's vision.It is necessary to study the substantive issue of the witness system under the special institutional background of our country and in the operation of the current administrative criminal mechanism,which is of great significance to promote the improvement of the criminal investigation procedure in our country.In addition to the introduction,the text is divided into four parts,about 24,000 words.The first part discusses the background,purpose and significance of the research.Starting from the background of strengthening judicial supervision and improving the witness system reform,the significance of investigation is clarified by analyzing the role of the witness system itself and the independent value of the system.Through the analysis of the three main witness modes outside the country,the existing research results in our academic circles,the shortcomings of the current research,as well as the application of the current witness system and the necessity of conducting research,the purpose of the investigation is clearly defined.,The second part makes an empirical study of the operation of the witness system in investigative activities in the investigative areas.Firstly,it introduces the selection and general situation of the investigation area,and analyses the general operation of the procedure of investigation,search,seizure,identification and physical examination and the specific application of the witness system in each investigation act.Secondly,it summarizes and comments on the main methods of witness selection in the investigation area and the attitudes of defense lawyers to the witness system.The third part combines the survey data,data and interview records to analyze the problems existing in the application of the witness system.At present,the problems in the witness system mainly include the unclear status of the witness in the criminal procedure,the unclear rights and obligations of the witness to participate in the criminal investigation,the weak operability of the rules of the witness system,and the widespread violation of the rules of the witness system in the specific investigation.In view of the specific problems,the paper briefly discusses the causes of the problems from the aspects of legislative omission and imperfect supervision system.The fourth part puts forward suggestions to improve the witness system.In view of the problems existing in the witness system,it is proposed that further construction of the witness system should clarify the subject status,rights and obligations of the witness,reform the witness rules in the investigation procedure,establish the substitution system of compulsory witness and witness under special circumstances for major investigative acts,as well as the procedural sanction mechanism for violating compulsory witness,and increase technical input to make the witness system more effective.Operability.