Research On Criminal Witness System

The original intention of the criminal witness system was to supervise the investigative power through the participation of non-case-neutral witnesses in specific criminal litigation activities.Although China's criminal procedure law and related judicial interpretations and departmental regulations clearly stipulate that investigative organs are implementing specific investigative activities.The witness should be invited or allowed to be signed or stamped by the witness in the investigation transcript,but the substantive department has not paid attention to it.With the increasing number of cases defending proceduralism,more people are required to exclude evidence submitted by the prosecution on the grounds that the evidence obtained without the criminal witness' s participation in the witness is not legal and authentic.Therefore,in order to punish crimes and protect human rights,the beginning of the investigation of facts must be carried out in strict accordance with the statutory procedures,and as the public power granted by the state,the investigative power must have corresponding norms to supervise and investigate the investigation.The criminal witness system is an effective legal norm for investigators,but the legislative provisions are too simple and decentralized.In the judicial practice,the investigators are unable to accept the witnesses or invite the witnesses at will,without causing the system to play its role.The role it should have.Therefore,this paper combines the legal basis and legislative status of China's criminal witness system,finds out the defects of legislation and the dilemma of judicial practice,analyzes the causes of problems from the elements of a system and proposes solutions.This paper is divided into four chapters to study the criminal witness system.The first chapter is an overview of the criminal witness system.Firstly,it defines the meaning of criminal witness and criminal witnesses,summarizes the basic contents of the system at home and abroad,summarizes the development of criminal witness system at home and abroad,and sorts out the development of criminal witness system in China and enacts legislation.The results are summarized.The second chapter analyzes the basic concept of the criminal witness system,the criminal witness system.It has the legal basis for promoting substantive justice with procedural justice,restricting public power with civil rights,and supervising and restricting the right to guarantee.It has the value pursuit of supervising investigative organs and proving litigation activities,and should follow the interests of non-involvement and voluntary participation.Objective neutrality,full supervision and the principle of consistency of rights and obligations.The third chapter summarizes the problems existing in the legislative and judicial practice of the criminal witness system in China,and analyzes the reasons for the problems.In legislation,the qualifications of criminal witnesses are unclear,rights and obligations are unknown,and there is no guarantee and punishment mechanism.In practice,the system operates in judicial practice.There are problems in the investigation agency that only pay attention to the form of “signature or seal” on the transcript,the investigation agency does not invite criminal witnesses,and the procedures for witnessing are not standardized.The reason is Influenced by traditional ideas,influence of traditional culture,unbalanced input of judicial resources and actual demand,lack of procedural sanctions.The fourth chapter is the idea of perfecting the criminal witness system in China.This chapter proposes a perfect plan for the criminal witness system legislation and judicial problems in China,and sets up corresponding supporting measures system.