On The Construction Of The Immunity System Of Tainted Witness In China

Tainted witness immunity system for academic and theoretical circle in China is not a new concept. It originated in Britain, development and improvement in the United States. Especially in recent years, vigorously against corruption in the country, all kinds of corruption cases emerge in endlessly, means bad, amount of large, wide range of surface, properties of serious are unprecedented. Due to the group structure of the organization crime is more and more strict, level more and more heavily, the technique of crime is more and more private and high-tech, the crime organization staff to begin basic could not obtain the relevant evidence. To the judicial organs investigation brought great difficulties. And how to get the fastest the most effective evidence,solve the forensics difficulties, this will become our country a lot of experts and scholars to research and solve the problem. In criminal there is such a relatively special people, they are direct participants of crime or the direct perpetrators of crime, in terms of the situation, they not only understand the facts of the case, and may know that the core of many key evidence and testimony,to the defendant and criminal suspects to be convicted, this part of the people is the core of the key witnesses, is also the most likely to be the breakthrough point. In this paper, combining with the characteristics of China’s current anti-corruption case is the latest, as well as to the tainted witness immunity system theory research status at home and abroad.On system of witness immunity from the following several aspects: one, combining the current our country corruption crime has new characteristics, elaborated our country corruption crimes facing the new situation. Second, the witness to testify exemption system and characteristics, the witness immunity of witness and other relevant concepts and characteristics were discussed. Three, on the basis of the comparison method, this paper discusses the world latest witness to testify immunity system and the research status of related theory, combined with our country reform of the judicial practice and results for the last few years and to explore the stain witness testimony exemption system in the introduction of the necessity and feasibility of our country. Four, combined with the reality of our basic national conditions and accumulated in the process of rule of law in recent years related experience and lessons, and put forward ideas to setup our tainted witness immunity system.