Construction Of The System Of Investigators Serving As A Witness At Court

In May2010, the Supreme People’s Court, the Supreme People’s Procuratorates, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice jointly issued The Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases. Article7of the Provision prescribed investigation personnel’s obligation to testify at the court. This has great significance in curbing extorting confessions by torture so that framed-up and wrong cases will be prevented and it also helps to enhance the investigation personnel’s quality and ensure the quality of handling cases. However so many years legal practices have proven that a law provision will not work if it does not set definite consequences in it. Nor does it has principle norms and ways of relief. Accordingly, it these provisions are expected to realize their value, they need to be made up so that they are more operable. The emphasis of this paper is to explore how to design the institution of investigation personnel’s obligation to testify at the court(hereinafter the Institution).This thesis first elaborated the concept and characteristics of investigation personnel’s testification at the court. Then it discussed the theoretical basis on which the Institution was built and the functional value of the Institution. In the following part, it did a comparative study on the Institution, mainly between major countries of the two legal systems (Common Law System and Civil Law System) such as UK, US, Germany, Japan and French, summarizing the conditions of investigation personnel testification out of PRC. It is implausible to set up an complete institution of investigation personnel testification without taking into consideration of our country’s situation, so in addition to the analysis of the Institution and that outside PRC it is essential to make clear our country’s situation of implementing the Institution and analyze the negative elements which restrain the setting up of the Institution in our nation. Finally, going back to the theme, with consideration of our country’s situation, this thesis suggested a set of specific implementing measures of the Institution from the perspective of characterizing the investigation personnel’s testification at the court, covering the situations, the procedures of implementing the Institution as well as the right guarantee and legal liability of the investigation personnel. Therefore, it has practical value and may be helpful to the perfection of the Institution.