Issues And Perfection Of The Criminal Eye-witness System

The idea to limit power has never been interrupted since the beginning of the legal system’sproduction. It is all legal workers’ goal to create some good system in order to promote allnational staff to wield power within the legal framework, not abuse of power. Eyewitness incriminal proceedings is such a system, its important objective is to limit the exercise ofpower of the state organs, especially power from the investigative authorities, maintaining afair and impartial proceedings. Criminal eyewitness system in China has a long time, butthe legislation has no significantly improved over30years. Consequently, many defectsexisting in the legislation of eyewitness system have been affecting the specification andunity of the judicial practice, and limiting the eyewitness system function. This paperanalyzing the present situation of legislation and practice of the eyewitness system inChina, starting from the eyewitness system problems, based on the status of the domesticrule of law, drawing on the experience of foreign legislation and practice, complementseach other, and puts forward the proposal to improve the system of eyewitness.Establishing the basic principles of eye-witness system is to indicate direction of perfectingit. Establishing a unified eye-witness procedure is to avoid confusion among different legalaction. Clearing the scope of eye-witness is to prevent arbitrariness in the judicial practice.Building the mixed mode of mandatory eye-witness is to solve malicious eye-witness of theinterested parties. Distinguishing evidence effectiveness of eye-witness under differentcircumstances is to provide clearer basis for the judge’s evidence effectiveness discretion.Defining obligations and rights of eye-witness is to promote the eye-witnesses to haveexpected learn of their own behavior and consequences.