Research On The System Of Tainted Witness

The tainted witness system originated in the United Kingdom,mainly referring to the country ’s consideration of the effective prosecution of certain socially harmful crimes and heavier criminals.After weighing the legal interests of various stakeholders,it abandons prosecution for joint crimes.Judicial transactions involving criminals with low social harm and minor crimes in exchange for providing them with key criminal evidence that is of value to the prosecution authority and requiring them to appear in court as strong witnesses for the prosecution system.This article combines the newly revised "Criminal Procedure Law" in 2018 and the newly introduced "Supervision Law" to analyze the relevant norms and practical operations of the legal regulations related to stain witnesses,draws on the relevant systems of the Anglo-American legal system and the civil law system.Use,on the basis of the original theory,clarify how to further improve the relevant procedures of China’s stain witness system,and discuss the essential characteristics and future development trends of China’s stain witness system from multiple angles.The article studies the stain witness system from four parts:The first part focuses on the analysis of tainted witnesses and the basic concepts of the system.The author has sorted out several authoritative meanings of stained witnesses in academic circles,compared related concepts outside the domain.Combined with the identity characteristics of the stain witness,the legal status of the stain witness and the type of testimony evidence are clarified,which lays a solid theoretical support for subsequent program design.The second part mainly empirically analyzes the application of the stain witness system in China.Through the collected judgment documents,it summarizes the current status of the application of the system and the outstanding issues in judicial practice.The third part mainly explains the feasibility and necessity of the institutionalization of stain witness in China.First,we use the Chinese Law Yearbook to analyze the judicial background of the past 10 years of the incidence rate of crimes involving crimes and crimes involving crimes and crimes.Combined with the newly revised "Criminal Procedure Law" in2018 and the relevant legal provisions of the newly introduced "Supervision Law",it discusses from the two aspects of the law’s explicit regulations and specific operations,highlighting the importance of perfecting the stain witness system;secondly,it analyzes China Committed to improving the normative requirements of the cooperative judicial system;finally,combining the norms and theoretical foundations,to demonstrate the feasibility of institutionalizing the witness of the stain.In the fourth part,first of all,the system design of the stain witness system with Chinese characteristics is first.Based on the theoretical research of the original scholars,the scope of application of the system is expanded,the targets of application are clarified,and the application stage and application type are distinguished according to different case types.Based on the judicial background in which the investigative power of duty crimes is transferred to the supervisory authority,a system design proposal suitable for China’s national conditions is put forward;secondly,the operating procedures of the tainted witness system are regulated,the main body of the system for different types of cases is clarified,and the rights and obligations of the tainted witness.Promote the supervision mechanism to effectively integrate with China’s existing legal system.It makes the various organs of our country use the stain witness system to conduct case trials with legal reliance,so that the use of power by the national judicial department is subject to supervision and restriction,thereby further protecting the legal rights and interests of stain witnesses;finally,the evidence law is mainly used as a script to construct a stain witness system Evidence rules system,combined with the dual attributes of the witness testimony of stains,based on the actual operation level,to build a complete evidence review rules.