Research On The Criminal Witness Model Of Prosecutors

The criminal witness system is established on the concept of power restriction and human rights protection,which reflects the openness and transparency of the procedure.On the one hand,it supervises the Investigative Behavior of the investigative organs,on the other hand,it plays a proof role in the evidence obtained through investigation,and protects the legitimate rights and interests of criminal suspects and defendants.It is an important link in the process of criminal proceedings in China.However,the criminal witness system in our country has been developed on the premise of inheriting the former Soviet Union,inviting the third person outside the case to participate in the investigation procedure to witness.In the process of judicial practice,there are inevitable defects,which eventually lead to the overhead of the criminal witness system and fail to play its due role.The function of investigative supervision played by procuratorial organs in the process of criminal proceedings is similar to that of criminal witness.As a criminal witness,the procurator also conforms to the current trend of judicial reform.This article is based on the current judicial situation and explores the establishment of inspections from various aspects.The possibility of the official criminal witness model,and finally to provide ideas for the reform of the criminal witness mode of the prosecutor in China.The article mainly summarizes the criminal witness mode of prosecutors from the following four aspects:The first part starts with the basic concept of criminal witness.Firstly,the concept of criminal witness is introduced.From the static level,criminal witness belongs to a system,that is,the general name of the witness norm of criminal procedure activities;from the dynamic level,it is a kind of procedural behavior,that is the participation and implementation process of criminal witness.The following two main functions of criminal witness are investigative supervision and litigation proof.Although criminal witness is a supervisory link in the investigation stage,it also embodies the significance of litigation procedure,such as procedural justice,power restriction and human rights protection.The second part is the analysis and comparison of the typical extraterritorial provisions of criminal witness law,such as Russia's invitation to a third person outside the case to witness in the investigation procedure,France's investigators should have the parties,judges or prosecutors to supervise and witness in the presence of specific litigation acts,if they can not witness on the spot,they can invite the third person outside the case.People testify.As well as the right of criminal suspects and defendants in the United States to be assisted by lawyers when they are interrogated.Introduce the different provisions of criminal witness in different countries,discover the law,and provide experience for our country to choose the most suitable criminal witness mode according to the judicial environment and litigation structure.The third part is mainly to explore the establishment of criminal witness mode of prosecutors in China.Firstly,it analyzes the relationship between procuratorial organs' investigation supervision and criminal witness.Then,it expounds the defects that cannot be avoided by the third-party witness model outside the existing invitations in China.Even if the third-party criminal witness legislation is perfected,it will not play its due role.Finally from the theoretical basis and practical basis to analyze and explain the feasibility of the prosecutor's criminal witness model,mainly the procurator organs in China have the attribute of investigation and supervision.Through the above elaboration,the practical foundation of establishing the criminal witness model of prosecutors in China is finally innovated.It also provides the basis for the conception of criminal witness of prosecutors in the last chapter.The fourth part is the conception of the criminal witness model of prosecutors.Under the overall principle,the author puts forward specific ideas for the analysis of the previous chapter,with a view to establishing a criminal witness model for prosecutors in China.The prosecutor's criminal witness mode should be implemented in the criminal conception finally.In order to innovate a new system,we should first clarify its main body,the appointment and responsibility of prosecutor criminal witnesses,and then establish the operational mechanism of prosecutors' criminal witnesses in the light of the relationship between procuratorial organs and investigative acts.Finally,we should ensure the effectiveness of prosecutor criminal witnesses by establishing prosecutors' criminal witnesses to testify in court,establishing sanctions and communication between prosecutors.It is hoped that it will have practical significance for our country to establish the criminal witness model of prosecutors.