Research On The Exemption System Of Stain Witness Testifying

The stained witness testimony exemption system is a system of interest exchange between judicial organs and stained witnesses.Because the current crimes are organized,concealed,and high-tech,especially in some major joint crime cases,because of the lack of accused criminals The key evidence is that it is difficult for judicial organs to effectively pursue criminal actions.By giving up or restricting its involvement in criminal activities,the judiciary understands the circumstances of the case and is in a secondary or subordinate position in the entire criminal activity.The crime is relatively light,and the criminal prosecution of the key evidence of stained witnesses accused of the crime is obtained in exchange for the voluntary statement of the stained witness.To achieve accusations of more serious crimes.At present,this system has been widely used in countries（regions） such as Britain,the United States,Germany,and Hong Kong,Macao,and Taiwan.After China’s Criminal Procedure Law was revised in 2012,it established rules against forced self-incrimination and the exclusion of illegal evidence.The establishment of a series of rules has brought certain difficulties to the judicial organs in pursuing crimes.How to realize the effective prosecution of criminal acts without infringing the basic rights and interests of criminals has become an urgent problem that needs to be solved in the current judicial practice in China.Although China’s "Criminal Law" stipulates that criminal suspects with confession,surrender,and meritorious service can or should be given light,mitigated,and exempted from punishment,there are similar provisions in Article 182 of the Criminal Procedure Law,but there is a theory between them There is still a big gap in terms of foundation,legislative intent,etc.Therefore,it is necessary to establish an exemption system for tainted witnesses to testify.To this end,this article compares and analyzes the concepts of stainwitnesses and stain witness testimony exemption systems,and then summarizes their understanding of this point of view.Through comparison with related systems,a clear definition of stain witness testimony exemption systems is defined.Combined with China’s current national conditions,judicial status and other factors,the necessity and feasibility of the introduction of the system are analyzed,and on the basis of reference to the testimony exemption system of stain witnesses in other countries and regions,it is proposed to establish a testimony exemption system for stain witnesses in China Specific ideas.