Research On Witness System Of Criminal Proceedings

Criminal proceedings witness system refers to the investigation organ in the criminal procedure in the implementation of the detection behavior such as an inquest or examination,shall invite the neutral third person outside the case as witnesses involved in the criminal lawsuit activity,its purpose lies in supervision and investigation organ in the investigation of the exercise of power is in accordance with the norms of criminal procedural legislation,as well as the legitimacy of investigation act in trial activities and collection,extract the authenticity,legitimacy of evidence to prove that the criminal witness system has a profound theoretical foundation and broad application value,its for citizen participation,power restriction,human rights protection is of great importance.About witness system in our existing criminal procedural legislation imperfect rules,legislation is relatively deficient,content is not rigorous,and to form a rigorous logic system,the judicial practice in the investigation organ to invite witnesses not strictly in accordance with the regulations of the procedural legislation,invited to witness don’t even invite witnesses are inadequate,the judicial organs for violation of the effectiveness of the system of witness the evidence obtained evaluation is differ,lead to witness system is difficult to play a substantial effect.In trial centered under the background of criminal suit system reform,through comparing the scope of the legislation of criminal witness system,and combined with actual situation existing in our country,clear the legal status of witness,the witness rights and obligations as well as program,forming a fixed mechanism of criminal witness,constantly improve the system of criminal witnessThe first part of this paper is an overview of the criminal witness system,introduces the connotation of criminal witnesses from different angles,and discussed the characteristic of criminal witness,through the theory of procedural justice,power balance theory,the analysis of the theory of human rights protection,shows that the theoretical value behind the criminal witness system,and then from the Angle of supervision function and prove that two to interpretation of the criminal witness system should play in the criminal procedure of utility,the second part,by comparing different countries outside mode of criminal witness,interpretation model of forced witness system,any witness and the advantages and shortcomings of witness exclusion pattern,and analyze the three models have any significance to our country,the third part is based on the legislation and judicial practice about the status quo of the existence of criminal witness system,and analyze the criminal witness system in legislation and practice,the problems of criminal witness system in legislation and judicial practice problems,the deep-seated reasons for the fourth part is based on the problems existing in the criminal witness system,combining with the actual analysis and outside our country national condition,A series of measures are put forward to improve the criminal witness system in China.