A Study On The System Of Investigating Person In Court

The system of investigator testimony at court is a newly-established system in the recently modified Criminal Procedural Law of the People’s Republic of China. Recently, cases with investigator testimony at court from all around the country have achieved remarkable results. Investigators who collected and provided evidences could solve the problem of objectivity, facticity and legality of the evidences by testifying at court. Therefore, it’s the consummation of the system of witness testimony at court and could present witnesses from both prosecution and defence at court and validate the trials. It is a highlight of the new Criminal Procedural Law.This article have interpreted the current situation of legislation, theoretical foundation and value of the system of investigator testimony at court current situation in legislation under the background of China’s current judicial reform. Different from ordinary witnesses, investigators are official, professional, prejudicial and they involved in the cases later. The establishment of the system meets the requirements of the principle of directness and verbalism, the principle of procedural justice and the principle of human rights protection, which are the legislative idea of criminal procedure. The implementation of the system could protect the center position of the court hearing and promote the judicial reform of judgment centralism. It could also curb the illegal behavior of the investigators and restrict the right of investigation. It can help the court to identify the case facts more impactfully, and be helpful to the effective enforcement of the rights of defense which could ensure the human rights of the accused.Nevertheless, it takes a gradual process to adapt to a new system. The system of investigator testimony at court has been extensively used worldwide. However, because of the fact that China started relatively late and the lack of specific legal provisions as guidance, there are some problems in legal practice of the system. There are few cases taking place and the trial testimony is sometimes under disorder. The present system cannot protect the interests of investigators effectively. It may be a result of the over reliance on the records, unreasonable criminal procedural structure and the lack of specific legal provisions. An essential reformation with useful experience of foreign countries should take place to solve these problems. The concrete measures are as follows: set the trial instead of records as the center of trials, and reform the criminal procedural structure; specify the coercive measures to make investigators appear in court; specify the rules of cross examination which is aimed at investigators; construct the security system of investigators who testify at court to safeguard their rights and interests.