On The System Of Tainted Witness

The system of tainted witness,also known as the system of immunity from testifying,is different from the system of criminal witness in China.It originated in common law countries,especially in the United States.The particularity of the system starts from the particularity of its subject,that is,the tainted witness is a participant in criminal activities,and has a conflict of interests with the accused,and the credibility of his testimony is lower than that of ordinary witnesses.Therefore,the testimony of tainted witness should go through strict investigation procedure before it can be used as the basis of judge’s judgment.This shows the discreet use of tainted witness.Throughout the foreign legislation,many countries favor the tainted witness and restrict it at the same time.On the one hand,the advantage of tainted witness can not be ignored.When investigating and dealing with concealed and organized crimes,judicial organs can use tainted witnesses to get rid of the shackles of "difficulty in obtaining evidence".On the other hand,tainted witnesses should not be abused.Its testimony is false,unstable and so on.If it is used carelessly,it will distort the justice,so it needs to be reinforced.At present,the system of tainted witness has not been established by legislation in China,but it has appeared in judicial practice.In order to give full play to the positive role of tainted witness in the process of investigating and handling major cases,prevent the risk of damage to judicial justice caused by improper application of tainted witness,and safeguard the overall interests of justice,the state should consider creating a system of tainted witness with strict procedural restrictions.This paper is divided into five parts.The first chapter analyzes the basic theory of tainted witness system,including its concept and characteristics.The second chapter puts forward the theoretical feasibility and practical necessity to solve the legitimacy of the tainted witness system.The third chapter clarifies the applicable conditions of the tainted witness system,and advocates that the starting subject of the tainted witness system,the exemption agreement for testimony,the selection of tainted witness and the scope of application of the case must comply with strict procedural conditions.The fourth chapter mainly discusses the operation path of tainted witness system.The core of this system is tainted witness,so the criminal immunity and testimony application of tainted witness are the focus of this chapter.The fifth chapter discusses the guarantee mechanism of the tainted witness system,and points out that the normal operation of the system is inseparable from the protection and restriction of the tainted witness.