Research On The Procedure Of The Detectives' Appearance In Court To Testify

The regime about detectives'appearance in court to testify (RDACT) has acquired affirmation in the most developed countries. But in China, it only occurred occasionally and is still in the exploration and the argument stage. In judicial practices, the situation can often be seen in China in which failure of detectives to appear in court to testify caused special difficulty which hinders finding of the case facts. In fact, in some parts of China, the procedure has been tried about RDACT. This try has bringed about serious arguments. Some writers think China is lack of judges in comparison with the huge number of cases that are waiting for adjudicating, short of funds and technical equipments, all these constitute actual difficulty for the application of RDACT. When even the appearance rate of ordinary witnesses is extremely low, the establishment of RDACT doesn't suit China's situation.But the detectives do not appear in court to testify have three malpractices at least: First, is unable to some cases to verify the case accurately, is unable to carry on to accused person's crime proved powerfully, causes to indulge the crime; Second, causes the certificate accused person crime in certain cases lightly, the innocent evidence to obtain with difficulty, does not favor protects the accused person legitimate rights and interests effectively; Third, to extortion of confession by torture, contrary took into custody and so on illegal activity to be short the restriction barrier.The detectives appear in court to testify establishment of the system to have the reasonable basis. The direct expression principle, controls debates the balanced theory, the hearsay evidence and the illegal evidence elimination rule, examines the police integration theory and so on is this system's theory foundation, and the world main country under the rule of law has established this system, our country should comply with the historical tendency and the reality needs to establish this system.. The establishment detectives appear in court to testify the system to have the procedure value, the entity value and the social value, our country's laws and regulations have not added to this system forbid, but the judicial interpretation actually has made the affirmation. Looked from the real diagnosis effect and the social conditions aspect that establishes this system in our country to have the feasibility and the validity, tallies with our country's national condition. From Jiangsu Province some city's situation analysis, practices this system in the partial cases is feasible. To significant, difficult, the complex case should implement the detectives to appear in court to testify the system. Should through be clear about this system's applicable scope, the prosecution witness's status, the stipulation concrete initialization mode, to provide the consequence which, the standard the safeguard mechanism, the establishment public interest right of immunity, the stipulation violate concretely to testify the procedure and so on to consummate the detectives to testify the system.