Research On The Immunity Of Tainted Witness In "Gangland-related Cases" In China

The immunity system of tainted witness is a judicial transaction between the prosecutor and the tainted witness,which aims to punish more serious crimes through the evidence provided by the tainted witness,and at the same time realizes the role of breaking down the pressure of handling the case.This system is still blank in the Chinese mainland legislation,but it has been reflected in the legislation of most countries and Chinese Hong Kong,Macao and Taiwan,and has been widely applied in practice.At this stage,under the background of crack down on gang crime in China,through the data collection and analysis of existing “gangland-related cases,it can be known that it has the characteristics of great harm and difficult investigation,which makes it difficult to deal with the existing investigation techniques.In response to “gangland-related cases” in China,the introduction of the tainted witness immunity system will effectively solve the above problems.This article is divided into the following five parts:The first part analyzes the concept and characteristics of the tainted witness immunity system and compares with existing system in China.On the one hand,it analyzes the concepts of“tainted witness” and “tainted witness immunity system” and reveals the basic characteristics of this system;on the other hand,it analyzes and compares the tainted witness immunity system with “Meritorious Service System” and the “System of leniency system for confession and punishment” in China.This part lays the foundation for the following discussion through an overview analysis of the tainted witness immunity system.The second part,from the perspective of comparative law,summarizes similar systems in foreign countries and Chinese Hong Kong,Macao and Taiwan.Starting from the “applicable conditions” “operating procedures” and “guarantee mechanism”,it summarizes and analyzes their similarities and differences or advantages and disadvantages,and provide a reference for the construction of this system in China.The third part,from the perspectives of “procedural justice and substantive justice” and“principle against self-incrimination”,combined with the basic characteristics of “ganglandrelated cases” in practice,discusses the necessity of establishing the tainted witness immunity system in “gangland-related cases” in China.The fourth part,starting from the three perspectives of theory,legislation and justice,analyzes the feasibility of establishing the tainted witness immunity system in“gangland-related cases” in China.The fifth part,based on the above discussion,combined with the practice and legislative traditions of “gangland-related cases”,create a systematic and comprehensive demonstration on the specific construction of the tainted witness immunity system from the four aspects of“guiding principle” “applicable condition” “operating procedure” and “guarantee mechanism”.First,we establish the principle of balance of interests,the principle of no verdict in isolated evidence,and the principle of good faith to guide the application of the tainted witness immunity system in “gangland-related cases”;secondly,in terms of the applicable object and the content of the evidence,we restrict the application of the tainted witness immunity system in cases;thirdly,we clarify the subject of application and approval,solve the connection problem with our country’s existing system,and establish the main line of the program operation of“apply start-decide to apply-supervision-program exception handling”;finally,in order to ensure the normal operation of the procedure,we clarify the rights and obligations,punishment mechanism,and protection system of tainted witnesses in “gangland-related cases” in China.