Study On The Investigators To Testify In Court

Investigators testify in court in the judicial practice of most countries abroad are quite common, the establishment and perfect of this system plays an important role. in improve judicial efficiency, and promote judicial justice. March14,2012, The revised "the people’s Republic of China Criminal Procedure Law" was promulgated. Investigators in the court to testify in the relevant provisions of the legislation system of criminal proceedings for the first time. This is one of the highlights of the revision of Chinese Criminal Procedural Law. In this paper, besides the basic characteristic of the investigators to testify in court system,analysis the system in our country for the obstacles. And proposes the application procedure, safeguard mechanism.According to the provisions of the new "criminal procedural law", Investigators need to the following two classes of facts to testify in court,one is witnessed in executing the task of entity crime, the second is to collect the evidence of the facts to prove the legitimacy of procedure. This is also reflected from the side that there are certain differences between the witness testimony and witnessinvestigators in the court. Compared with the ordinary witness, the investigators to testify in court has the program features afterwards, position, orientation and content.In the judicial practice of our country, investigators testify in court rate is a common phenomenon. The implementation of the system in China still exist many obstacles. The first is from the ideological obstacles, including the ideological limitations of investigation personnel own, for example, light procedure, privilege thought, also includes the public know little about this system. Secondly, in the real practice, control of the objective insufficient police force, lack of funds and the judicial system has pulled the pace of theinvestigators to testify in court. Finally, the imperfection of the legal system is also an important restriction factor.Investigators in the court to testify the application program can be divided into two aspects to appear before thepreparation procedure and trial procedure,the need to confirm the identity, the investigators in the court case to testify before the hearing problem, at the same time should be made clear the investigators to testify in court startup procedure. And testify the trial procedure should include seven aspects according to foreign experience:find out the identity of the witness, the court to read the rights and obligations of the witness, witness’s oath, testimony of witness, both sides of the witness cross examination of evidence, the court asked the witness supplement, witness adjourned.In order to better implementation of the investigators to testify in court system, we can strengthen the training of investigators to testify in court. Giving special guidance from the heart, ability. And through simulated court mode of practice, in order to improve the ability of the investigators to testify in court.At the same time, improve the appearance of the investigators to testify security mechanism, remove any menace from the investigators.That have a certain role in improve the enthusiasm of the investigators to testify in court. First of all, to testify in court investigation personnel and their families to ensure life safety. Only can carry out other activities in the premise when guarantee personal safety. Secondly, to provide economic security, not let testify in court investigation take the expense. Finally, because of the special investigation personnel duty, we need to give the positions on the security of investigators in order to make the investigators to testify in court.