Research On Criminal Witness System

As an effective means of "power limitation",the criminal witness system mainly supervises the investigation right through the participation of a neutral third party in specific litigation activities,and proves the legality and authenticity of the litigation activities when necessary.The criminal procedure law on the criminal witness system in China,despite its rules,but for the concept,legal status of witness,and did not make the detailed rules in such aspects as the applicable scope,which makes the criminal witness system in practice in a "phantom" position,in use process can realize its value.Although China's criminal procedure law and relevant judicial interpretation explicitly stipulates that in specific litigation activities,citizens outside the case can be invited to participate in supervision as witnesses and sign and seal the case after the end to ensure its authenticity,but in judicial practice,inviting witnesses has not achieved effective results.In order to better achieve the dual purpose of punishing crimes and protecting human rights,it is necessary to carry out activities according to legal procedures in the investigation process,and the investigation power,as the "public power" granted by the state to the judicial organs,must be restricted by corresponding norms.Therefore,this article from the related theory and legislation concept of criminal witness,the criminal witness system in our country in the legislation and judicial practice,summarized the problems existing in the summary,and learning outside the rule of law in the developed countries in the aspect of criminal witness' s success as a result,combining the actual development situation of our country,to constantly improve the system of criminal witness,and relatively feasible Suggestions are put forward.This paper analyzes the criminal witness system from four chapters.Chapter one summarizes the basic theory of criminal witness system.Firstly,it defines the criminal witness system according to the law dictionary and relevant legal interpretations,and summarizes the characteristics of the criminal witness system.Secondly,combining with the domestic scholars' research on the criminal witness system,this paper analyzes three different theories on the legal status of witnesses in China,and analyzes the differences between witnesses and witnesses,notaries and expert assistants.Finally,the author studies the theoretical basis of criminal witness system from three aspects: procedural justice,power restriction and human rights protection.The second chapter is the evaluation and enlightenment of extraterritorial criminal witness system mode.By analyzing the three modes of extraterritorial compulsory witness mode,free witness mode and exclusive witness mode,and summarizing the advantages and disadvantages of each mode,the best witness mode for China's development is summarized on this basis.The third chapter analyzes and sorts out the problems existing in the legislation and judicial practice of the criminal witness system in China,and summarizes the root causes of these problems.In the legislation,there are some problems such as the inaccuracy of the qualification of criminal witnesses,the ambiguity of the relationship between rights and obligations,and the lack of the corresponding punishment guarantee mechanism.In practice,the system has some defects,such as the investigators only pay attention to the final result of the case and neglect the importance of the witness process,and the witness procedure is not standardized and clear.The root causes of these problems lie in the imperfection of legislative norms under the current legislative technology,the restraint of ideological and cultural influences,the insufficient investment of judicial resources and the lack of relevant procedural sanctions.The fourth chapter is about the improvement of the criminal witness system.In combination with the above legal provisions on the system of criminal witnesses outside the territorial jurisdiction,the article elaborates in detail the qualifications,number of criminal witnesses and rights and obligations of criminal witnesses,which provides an effective supervision way for the lawful operation of the investigation activities and a protection mechanism for the protection of the legitimate rights and interests of the parties.