The Research On People Of Investigation Testifying In Court

The start of lawsuit is not the boundary between witness and non-witnesses. The people of investigation also meet standards of witness, although testimonies they provide to the court are investigated in their work. Their testimonies are differences with the ordinary witness only because of particular profession. The fact that people of investigation testify in court manifests official business, procedure and delay.Their goals are to investigate the tendency of crime and testify the procedural fact.Meanwhile,the system of people of investigation testifying in court which is important in entity, procedure and social is essential in current. Studying the relevant foreign law, and analyzing the social and legal conditions,we can concluded that permit system is promoted by individual-based socio-cultural, relationship between the police and prosecutors and the impact of rules of evidence.However, it is general that the people of investigation do not appear in court to testify in China. This phenomenon is caused by following aspects:the cultural of national standard and officialdom standard, streamlined production-like linear lawsuit pattern, differences of evidence theory and the imperfect evidentiary rules.The reality of our country demands the investigators testifies in court.With the development of society and law, the consciousness of assurance of human rights, the just procedure and so on are enhanced. At the same time, with the development of criminal prosecution theory, Law of Criminal Procedure's revision is being realized, the existing legal flaw is being corrected and the reform of hearing in court is being enhanced. In addition, some judges are trying to put it into practice. All these provide the feasible conditions for establishment of people of investigation testifying in court. Considering the actual situation in China, I propose some recommendations.Firstly, we need to grasp guiding principles and renew ideas,and straightening out the tripartite relations among investigation, lawsuit and trail. Secondly, concrete system need to consummate existing law and the related evidentiary rules.Thirdly, establishing the related necessary safeguard mechanisms. Finally,concrete operation procedures need to be cleared. So it can cause the system of people of investigation realized truly.