The Study On The System Of Immunity Of Witness In Criminal Procedure

The system of immunity of witness is a relatively new subject in currentprocedure law scholars. the scholars rarely talk about it, not to speakof the systematic papers; however, it is common for the needs of thelitigation that the judicial institutions deal with the suspect onimmunity borrowed from the article of surrender ,contributions andextenuatory prosecute rights in criminal law and criminal procedure lawin the judicial practice. the lack of theoretical basis and the systematicconstruction makes the practice in gray belt. the existence of abnormalsystems tend to, not only the ineffectiveness of the systems, but alsothe judicial corruption, even to being the obstruct of the process of thejudicial civilization. Given that the distinction between the lack of thesystem of immunity of witness and the need we do have is obvious, the paperaims to give a broad introduction on the foreign systems, and figure outthe obstruct of operation of the immunity in our judicial practice, whichmay attract the scholars and the practices in order to make a contributionto the built of the system and the empirical research of criminal procedurelaw.This paper comprises the introduction and four parts.The tenors of the introduction are three in number, which are the meaningof the immunity of witness,the homology and distinction between theimmunity of witness and the right of rejection and the purposes of thepaper.The first part is the historic and current analysis of the system of theimmunity of witness. this part comprises three subsections. The firstsubsection deals with the time and the place of the origin of the immunityof witness。The second subsection merely analyses, from the perspectiveof the time, the form and the development of the system in the US andintroduces the contents of it in detail in current US law. the thirdsubsection probes the legislative and judicial situation of it in othercountries.The second part analyzes the litigant principle of the system of theimmunity of witness. From the system itself, it theoretically analyzesthe value and the meaning of it. in the beginning, it deals with therelationship between the system and the privilege against compulsoryself-incrimination; secondly, it deals with the valuable preference ofit, in terms of the conflict and selection of the value; finally, fromthe perspective of the legal and practical point of view, it deals withthe good reason of it.the third part analyzes the practical operation of the immunity of dirtywitness. it is the main body of the paper. this part makes a detailed reviewon the practice of immunity of dirty witness from the empirical andcomparative point of view, and then makes a comparison between thepractice of China and that of the others. finally, it points out the limitof our practice.the forth part is the advices of the immunity of witness in China. it isthe main body of the paper with the former three parts. from the practiceof China, it deals with the necessity of the construction of the system,the design of the contents and the indemnified measures of it, on the issueof the construction of the framework of the system.the paper aims to have some achievements. firstly, it deals with thehistoric and current system of the immunity of witness with the author'sown opinion, for example, the immunity of witness in Germany would ratherbe the system that we thought generally, but the same as Chinese practice,therefore it have an impact on the construction of our system. in addition,it makes a review on the practice of immunity of dirty witness and makesa comparison with that of the others in order to find the limit. for example,it raised the nature and the purpose of the immunity, and the analysisof the jam in practice. finally, it gives practical and concrete adviceson it, for example, the type selection of the immunity of witness, theapplication of the procedure, the indemnified measures etc.