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A Brief Analysis Of Investigators Testify System On The Background Of New Criminal Procedure Law

Posted on:2015-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiFull Text:PDF
GTID:2296330431995891Subject:Law
Abstract/Summary:PDF Full Text Request
The investigators to testify in court system is universal not only in common lawsystem but also in civil law system. However it is rarely seen in our juridicalpractice.This is not consistent with the world mainstream. Although we shouldconsider our own national condition, the human value pursuit are the same. Fairnessand justice are necessary for all countries.Complete the testify system has animportant implication for our legal construction.Recently, in our country the investigators to testify in court system is still in theinitial stage. There are some obstacles to structure the system not only in theory butalso in practice. In formerly theoretical analysis, the scholars tend to set the differentidentities of investigators to a point, and take an overall analysis. However, thismethod is mere theoretical analysis, it does not combine the theory and the practicewell. It result in many theoretical obstacles, increasing the difficulty of understandingthe theory, even cause no guiding function of theory. In my opinion, as a theoryresearch, it must base on the reality, structure the investigators to testify in courtsystem base on the actual situation of the investigators to testify in court. Thepromulgation and implementation of the new criminal procedure law provide it amanifest logical venation.The author think there are three patterns of the investigators to testify in courtaccording to the illegal evidences exclusion rules,evidences rules about the deathpenalty case and the new criminal procedure law. As conviction of the truth witness,sentencing witness or as legitimacy of evidence witness. When the investigators totestify in court as conviction of the truth witness, it apply to the testify rule suit forcommon witness. The judicial organ has the right to take the mandatory measure tothe investigators, and the investigators has the right to require the judicial organ toguarantee their personal safety and other rights. When the investigators to testify incourt as witness about sentencing, it is obviously occupational, professional andirreplaceable. Now the sentencing procedure is more and more important, building theinvestigators to testify in court system for sentencing count for much. Theinvestigators to testify in court as legitimacy of evidence witness has most theoreticalcontroversy and difficulty among the three patterns. However this pattern relates to the exclusionary of the illegal evidents and the rights of the defendants, we must putsa high value on it. I think although there are many obstacles of the investigators totestify in court system, if only the researchers base on the practice, study the threepatterns separately, complete the testify system, realizing the judicial independenceand constructing a set of mature investigators testify system is just around the corner.
Keywords/Search Tags:Criminal Procedure, Investigators, Testify, Three Patterns
PDF Full Text Request
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