| In China it's normal for investigator to be absent from court. Many analyses of it were mainly focused on superficial fectors, which deduced that appearance of investigator at court would be guaranteed only if the relations between investigator and prosecutors were to be improved. In fact their appearance at court as witnesses not only represents authority of court and importance of trial, but also is in favor of protection for defendants and checks the power of prosecutors. This thesis, firstly, will analyze the nature of appearance of police officers at court and its theoretical bases; secondly, touch upon the hindrance to appearance of them; thirdly, provide tentative advice to improve the current situation. Therefore the following three parts will be needed for further illustration and demonstration.The first part will mainly illustrate of theoretical bases of appearance of investigator at court. Deducing from the jurisprudence of the appearance, this thesis holds that the scientific and moral nature of evidence require investigator to justify their actions of collecting evidence ,which is also demanded by principles of Grundsatz der Unmittelbarkeit[G], exclusionary rule of illegally obtained evidence and cross-examination. Based on the analyses of its value, this appearance is deemed to secure the justification of trials Investigator appear at court and receive the examinations by both parties, which show the procedure value of the criminal suit. Their behavior is a good example for common witnesses to follow, therefore enhancing social effects. This thesis also deals with the characters of investigator' appearance at court and the differences between investigator' appearance and common witnesses' appearance. Based on the introduction to some typical practice in nations and regions' on this problem, the diesis believes that they should appear in the capacity of witnesses at court. So there are possibilities for them to be witnesses in the criminal procedure in China.In the second part, the thesis elaborates in details the hindrance to appearance of investigator at court The hindrance could be classified into two categories—conceptual hindrance and systematic hindrance. The conceptual hindrance mainly include the ideas of state-dominance, cultural sectors oftraditional litigation, the awareness of privilege and misunderstanding for the law, judges' reluctance to do in a meticulous way, prosecutors' over-trust in investigator, popularity of hider of rules in judiciary and impact of enforcing the law in an executive manner and behind the scenes. The systematic hindrance mainly include undue emphasis on crackdown crimes through criminal procedure, litigation frame like assembly line, the tradition of written-doctrine in trial and defect of laws. The integration between conceptual hindrance and systematic hindrance inevitably lead to hear cases perfunctorily. Under this situation it seems normal for investigator not to appear at court.In the third part the thesis brings forth some improving advices that involve conceptual sectors, evidence system and the external sectors. Updating of mentality is vital to secure investigator to appear at court. Perfecting the system of evidence meets the internal demand for improving appearance of investigator at court. Correlative systems and independence of judiciary are badly needed as important safeguards to the appearance.In summary, the thesis holds that appearance of investigator at court is important and meaningful not only in theory, but also in judiciary practice. It meets need for verification of crimes and protection of human rights. Corroborated by systems of guaranteeing the rights and freedom of suspects and defendants, establishment of the system of this appearance explores a new avenue for safeguard and protection of human rights for every citizen. |
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