Study On The Witness System Of Site Investigation

As an important part of the whole criminal investigation activities,the witness system of on-site investigation plays an extremely important role in the realization of judicial justice.The main purpose of on-site investigation is to collect criminal evidence and provide basis for judicial trial.However,in the early investigation activities,due to the imperfection of judicial review system,investigators are almost unconstrained in the investigation activities,resulting in a series of illegal acts such as illegal forensic collection and fabrication of perjury,resulting in numerous false and erroneous cases.It infringes on the legitimate rights and interests of the parties,and violates the basic requirements of procedural justice.In order to effectively restrict investigation activities and ensure the legality of on-site investigation procedures,witness system emerged as the times require.As a new procedural system,witness system can achieve the supervision function of "power restriction by rights" and maximize the realization of procedural justice.However,due to various factors,the effect of the witness system in judicial practice is not satisfactory.Some investigators exclude witnesses psychologically and intentionally do not invite witnesses during on-site investigation.Or,although witnesses are invited,they deliberately fail to inform the corresponding rights,obligations and responsibilities,which leads to the false and embarrassing situation of the witness system,and the evidence obtained in the investigation process may be overturned due to procedural irregularities.Therefore,it is necessary to study the on-site investigation witness system in order to promote the reform and improvement of the criminal justice system in China.This paper is mainly divided into five parts.The first part is the introduction,which mainly elaborates the background,purpose,significance and research status at home and abroad.The second part is the concept introduction,which mainly defines the related concepts of criminal investigation witness,on-site investigation witness,witness,litigation participant and so on,so as to pave the way for the paper research.The third part analyses the problems existing in the witness system of on-site investigation in China,as well as the main qualification of witnesses,invitation procedures,rights and obligations,illegal punishment and other aspects,and analyzes the specific reasons for the above problems.The fourth part,on the basis of the above research,puts forward some suggestions and strategies on how to improve the witness system of on-site investigation in China,including the following: establishing the legal status of witnesses,defining the subject qualification of witnesses,clarifying the rights and obligations of witnesses,establishing the witness Department of on-site investigation,perfecting the procedure of inviting witnesses on-site,and clearly violating the invitation to the scene.The consequences of the witness system.The fifth part collates and summarizes the research conclusions of the paper,points out the shortcomings of the paper research and the direction of future efforts.