Research On The System Of Investigation Personnel Appearing In Court As A Witness

In recent years, the problem of the investigation personnel appearing in court has been a hot issue in the field of theory and practice. The investigation of the situation is likely to affect the conviction and sentencing of criminal cases. Therefore, investigators to testify in court can not only effectively protect the defendant’s legitimate rights and interests, to achieve balance of both the prosecution and the defense, and can effectively enhance the judicial efficiency, reduce the cost of litigation. On the basis of the above factors, the investigation of the system of the investigation personnel appearing in court as a witness system in the criminal procedure law of our country has become a trend of international law. Common law system countries, which are based on the litigation mode of the parties, generally establish the system of the investigation personnel appear in court. Based on the two systems of mutual integration trend, the countries of continental law system which implement the principle of legal proceedings, gradually introduce Anglo American adversary system, and are committed to the pursuit of litigation structure in the prosecution and the defense forces balance, and established investigators in the court to testify the system has become the development trend of the national criminal procedure law. As far as our country is concerned, the new criminal procedure law of our country has established the system of the investigation personnel appearing in court in the form of legislation for the first time, and conforms to the trend of the times. However, there are many defects in the current legislation of our country, and they are bound to restrict the full play of the function of the system in the judicial practice. To this end, on the basis of drawing on the advanced experience of the world’s major countries, this paper is committed to building the system of investigation personnel in court in accordance with the national conditions of our country.This paper is divided into four parts except the introduction and the conclusion.In the first part, the basic legal theory of the system of the witness appearing in court is explained systematically. It is refers to a judicial system that investigators appear at court at the trial, accept the inquiry of the prosecution and the defense and the court, bear witness to the legitimacy of investigation behavior and the facts of the case and the evidence collected in the course of the investigation in words to the people’s court, to ascertain the facts of the case. The system has many legal characteristics, such as the duty, the post, the diversity and the tendency. The investigation personnel appear in court as a witness to the procedural facts of the case, the substantive facts of the case and the facts of the case. The system sets up on basis of the theories as follows, such as the prosecutors and police integration theory, direct wordage principle, illegal evidence exclusion rules, the accuser defendant balance principle, and so on. The system is conducive to the realization of substantive justice and procedural justice, and to strengthen balance between the prosecution and the defense and to improve judicial efficiency value of legal value.In the second part, there is a comparative study of the system of the investigation personnel appearing in court in the main countries of the two legal system. In this part, we have studied the legal system of the common law system and continental law system, and reveal the historical origin and basic characteristics of the legal system of the two legal systems, trying to explore the successful experience of the two legal systems, and will be used as a useful reference to improve the relevant system of our country.In the third part, the paper introduces and analyzes the present situation of the system of the investigation personnel in court. For the legislative situation, the new criminal procedural law formally establishes the investigators to testify in court system, but is too simple and principled, and results to a series of defects for the legislation:that the provisions of the identity of investigation personnel to appear in court testify is not clear, the investigators to appear as a lack of the main provisions of evidence of the scope of the provisions is not clear, the request investigators to testify in court, investigators refused to testify or give false testimony liability provisions is not clear, the investigators in the court testify the safeguards provisions of the lack of defects. On the basis of the present situation, the paper takes the public judgment documents of Wuhan city at all levels, and points out that the case is still relatively rare, and giving evidence is still in a written form, such as situation description, and so on. The causes of the difficulties in the investigation of the investigation personnel appear in court as follows:the current legislative defects; the influence of the traditional ideas; the restriction of the judicial system; the limitation of the legal system; the lack of the power of investigation; the relative shortage of resources; the shortage of its own elements, etc..In the fourth part, we discuss the perfection of the system of the investigation personnel appearing in court in our country in china. Based on the analysis of the actual situation of our country, we should improve the system of the investigation personnel appearing in court in our country, which is in accordance with the situation of our country:clear the identity of the investigation personnel in court to testify, clear the case of the investigation personnel, improve the procedure of detection, improve the legal liability system of the investigation, and perfect the security mechanism of the investigation personnel.