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Study On System Of Investigation Personnel To Appear In Court To Testify

Posted on:2014-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:B S LiuFull Text:PDF
GTID:2256330425477066Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal Procedure Law of the People’s Republic of China of the second revision(hereinafter referred to as new criminal procedure law) has come into force onJanuary1,2013. Clause2in article57of new criminal procedure law regulates that ifthe existing evidences can not prove the legitimacy of collected evidences, thePeople’s Procurator ate may request the People’s Court to notify the relevantinvestigation personnel or other relevant personnel to appear in court to explain thesituation; the People’s Court may inform the investigation personnel or otherpersonnel involved to appear in court to explain the situation. With the Notice of thePeople’s Court, relevant personnel shall appear in court to testify. Article187regulates that when the public prosecutor, the parties or defenders and agents areobject to the testimony of witnesses and the witnesses has a significant impact on thepunishment for the crime, and the People’s Court think it is necessary to let thewitnesses appear in court, the witness should appear in court to testify. The police asthe witness to appear in court to testify the crime when performing the duties shallapply the former provision.The law above regulates the investigation personnel appear in court in China’scriminal procedure law for the first time, which is considered an important step forestablishing system of the investigation personnel to appear in court to testify.Compared with European and American developed countries with complete systemsin the aspect of investigation personnel to testify, China’s legislation has just started. After implementation of new criminal procedure law, investigation personnel stillprovide the evidence to the People’s Procurator ate and court in the way of caseexplanation and work record, but it is rare for them to provide written testimony,which is because of not only no clear regulations of system but also the investigationpersonnel s’ thoughts and practical operation. We can see from several years’ judicialpractice the regulation will not have practical significance in the case of withoutregulations in principle, practical basis and way of operation. Therefore, in order toembody the value of the system, it should study this system to make it be operative. Inthis paper, the system of investigation personnel to appear in court to testify isexplained and analyzed so as to discuss the concrete construction of the system.This paper, from the perspective of modification of new criminal procedure law,firstly outlines the system of investigation personnel to appear in court, clears up therelevant laws and regulations and explains the concepts and characteristics as well asits objects and principles. After have a basic understanding of the system ofinvestigation personnel to appear in court to testify, its current situation is analyzed,including change of investigation personnel to testify before and after theimplementation of new criminal procedure law, form of investigation personnel totestify in judicial practice, existing weakness of law on investigation personnel totestify and dilemma. With the deepening of the study, the author finds that if a set ofperfect system of investigation personnel to testify in China is established, the valuefor investigation personnel to testify from the perspective of entity, procedure, societyand its feasibility, condition of establishment of system of outside investigationpersonnel to testify and the condition for China to promote the system of investigationpersonnel to testify should be analyzed. Finally, some suggestions to perfect thesystem of investigation personnel to testify in China are put forward. Staring fromidentity of investigation personnel, a set of specific measures suitable of theinvestigation personnel testify is constructed, whose contents involve whichinvestigation personnel should appear in court to testify, the procedure and specificimplementation. It is hoped to have some significance on building and perfectness ofthe system of investigation personnel to testify in China.
Keywords/Search Tags:Investigation personnel, Appear in court, Testify, New criminal procedure law
PDF Full Text Request
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