Research On The Protection Mechanism Of Witness Rights In The Investigation Stage

Improve the investigation phase witness right safeguard mechanism is of great significance to improve the rate of witnesses to testify in the investigation stage,increase the proportion of the witness to appear in court,promote the reform of trial centered judicial system.In the practice of investigation,there are some problems in the protection of witnesses' rights,which lead to the witnesses' dare not testify and witness' s testimony is distorted,resulting in the deadlock of investigation and resulting in unjust,false and wrong cases.It is an effective way to improve the witness rights guarantee mechanism to integrate the countermeasures and suggestions of witness rights protection into the specific investigation.Based on the investigation practice,this paper discusses the rights of witnesses in the investigation stage,the comparison between China and foreign countries in the protection of the rights of witnesses in the investigation stage,and the specific improvement of the rights protection mechanism,which is divided into three parts: introduction,text and conclusion.The introduction part show the reason for current phenomenon of investigation in the practice of the witness are reluctant is the lack of witness rights,propose to improve the witness rights safeguard mechanism from investigation practice,thus lead to the text.The text is divided into five chapters: the first chapter focuses on the overview of witnesses in the investigation stage,mainly discusses the concept of witnesses in the investigation stage,the classification and content of the rights of witnesses,and sets up a good framework for the full text.Chapter two expounds the current situation and characteristics of witness rights protection in the investigation stage,and clarifies the investigation stage is the key to protect witness rights.Chapter three makes a comparison between China and foreign countries in terms of the legal provisions on the protection of witnesses' rights at the investigation stage,in order to find out the excellent practices on the protection of witnesses' rights at the investigation stage,and to provide reference for the improvement of the protection mechanism.Chapter four and chapter five are the focus of this paper.The rights of witnesses in the investigation stage are divided into two categories: the basic litigation rights of witnesses and the special litigation rights of witnesses.Starting from each specific right of witnesses,the corresponding protection mechanism is improved.The conclusion part summarizes the whole paper,points out the shortcomings of the research and puts forward the prospect of continuing improve the protection mechanism of witnesses' rights in the investigation stage.