China's criminal procedure law does not clearly stipulate the criteria for witness selection. Article 1 12 of the Criminal Procedure Rules of the People's Procuratorate stipulates: "The People's Procuratorate shall invite two witnesses irrelevant to this case to make an on-site inspection."
Item 3 of Article 4 of the Rules on the Scene Investigation of Criminal Cases stipulates: "Two impartial citizens who have nothing to do with the case must be invited as witnesses in the scene investigation, and public security and judicial personnel have to be witnesses."
Therefore, it can be concluded that the requirements for witnesses in criminal proceedings in China are irrelevant to the case and fair.
This provision obviously ignores the requirements for the ability of witnesses to testify. The witness activity in criminal proceedings is to testify through the perception and observation of the witness object through the eyes, ears and brain, combined with the legal understanding of the witness object. Therefore, the witness's ability to testify is higher than that of ordinary witnesses.
At present, China's criminal procedure law has not included witnesses in the scope of litigation participants.
In fact, the witness should be an individual participant in a lawsuit, so as to ensure the neutrality of the witness's identity.
Extended data:
kind
Statutory form
The types of evidence refer to various external forms that show the factual content of evidence.
The type of evidence is actually the legal classification and legal form of evidence.
The classification of evidence types is legally binding, and evidence materials without legal form cannot be included in the litigation track.
The second paragraph of Article 48 of the Criminal Procedure Law stipulates that evidence has the following eight forms: (1) physical evidence; (2) Documentary evidence; (3) Testimony of witnesses; (4) the victim's statement; (5) confessions and excuses of criminal suspects and defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, appraisals, investigations and experiments; (8) Audio-visual materials and electronic data.
This shows that only the above-mentioned legal forms of evidence can enter criminal proceedings, but the evidence with legal forms is not necessarily objective and relevant.
For example, physical evidence may be forged, witnesses may lie, and statements of criminal suspects and defendants may contain false words.
Therefore, when understanding and mastering the types of evidence, we should fully understand the concept of evidence and understand that all the facts that can prove the true situation of the case pointed out in Article 42 1 of the Criminal Procedure Law are the connotations embodied in evidence.
At the same time, we should pay special attention to understand the third paragraph of Article 48 of the Criminal Procedure Law: the above evidence must be verified before it can be used as the basis for deciding a case.
From this, we can understand the close logical relationship between the above three legal provisions.
Baidu encyclopedia-criminal evidence