The Analysis Of Normalization Of Criminal Witness System

The criminal witness system is an important system to supervise and prove the normative exercise of investigation power.Its function is to supervise the investigation behavior in real time and prove the legality of the investigation behavior by inviting a neutral third party to participate in some specific investigation activities.The criminal witness system fully embodies the criminal procedure value concept of power restriction,procedural justice and the protection of human rights.The investigation procedure of criminal procedure in our country is dominated by investigation and evidence collection,and it is necessary to set up criminal witness system to limit the powerful right of investigation.However,the actual operating effect of criminal witness system in our country is not ideal,we can even say that this system is always in the state of virtual and weakened,study its reason mainly because the current system of criminal witness is too rough,and the large number of blanks in legislation could not provide clear guidance for the system’s operation in practice.Therefore,in order to make the criminal witness system fully play its due role,live up to the original intention of this system,it is necessary to study and improve it.Through the analysis of the present legislation and related judicial cases,the main problems existing in criminal witness system in our country can be found out: First,the relevant regulations of witness are not perfect,such as witness litigation status,witness rights and obligations are unclear,the qualifications of witnesses are brief;Second,the scope of witness is limited;Third,the witness effect is unclear;Fourth,it is difficult for witnesses to testify in court;Fifth,it is difficult to implement the witness system under some emergency and special circumstances.In this regard,we can compare the advantages and disadvantages of foreign typical countries--Russia,France criminal witness system,obtains enlightenment to our country: witness mode selection should adapt to domestic litigation structure,and the construction of the system needs to leave certain elasticity,in addition,we can not ignore the function of the punishment mechanism,the guarantee mechanism.Based on the above enlightenments,it puts forward targeted improvement suggestions for the criminal witness system in our country,including: first,to clarify the status of the independent witness litigation participants,refine the rights and obligations of the witnesses,responsibilities and qualifications;Second,the identification and investigation experiment into the legal compulsory witness scope;Third,shall be signed by witnesses but not legally recognized as defective evidence,give correction and reasonable interpretation opportunities;Fourth,in order to urge witnesses to testify in court,the defender should be endowed with the right to apply for witnesses to appear in court,and make appearing in court a compulsory obligation of witnesses;The fifth is to construct a witness invitation mode with temporary witnesses as the main part and part-time witnesses as the supplement,and from the application of part-time witnesses,production and operation,economic compensation,reward and punishment of several aspects of the specific assumption.