Analysis Of The Legal System Of Witnesses In China

In the criminal case investigation process,and invited the case investigators independent witnesses,witness to the crime scene investigation,scene inspection behavior,namely the witness system.For the supervision of the investigation power exercise,protecting the rights of the parties are not infringed,reflecting the procedural justice and improving the exploration of the admissibility of evidence to the scene the legal significance of witness system is significant,not only can not be abolished,but also it is necessary to criminal procedure.However,in judicial practice,there are many problems,such as the difficulty of witness’s invitation,the difficulty to testify the behavior of investigation,the mere formality of the exercise of power,and the limited supervision of the obligation to perform.The appearance of these phenomena is closely related to the lack of legislation in the legislation of the legal status,rights and obligations,subject qualification,witness procedure,legal responsibility and so on.In recent years,with the increasing attention to the protection of human rights in our constitution and criminal procedure law,we should speed up the process of reforming and perfecting the legal system of witness in our country.In this article,the author takes the legal system of witness investigation in the criminal investigation stage as the object of study.In the analysis of the legal system established according to different regions,countries and typical patterns of advantages and disadvantages on the system,starting from China’s current laws and regulations,introduced China’s current legislation scene witness system and problems of the system are put forward.Finally,according to the above finding problem,our country scene witness legal system legal status of witness,qualification and examination,rights and obligations,witness procedure,legal liability and compulsory investigation witness five exceptions to put forward the corresponding improvement suggestions.It is hoped that these suggestions will be helpful to the further development and perfection of the witness system.