Investigators Testify System Research

It is normal that the investigators appear in court as a witness in most western countries, while the practice is rare in juridical practice in China. As the judicial reform deepens constantly, the necessity that the investors appear in court is increasingly grabbed on the agenda. The practice that the investigators appear in court as a witness is explicitly stipulated in the new criminal procedure law, making it have legal footing guarantee. At the same tine, the system that the investigators appear in court as a witness is to be improved in practice and theory.At present, the practice that the investigators appear in court as a witness is still in initial phase. Where in theory or practice, there is a barrier in the construction of the system that the investigators appear in court as a witness. The paper firstly proceeds with the theoretical foundation and existing value of the investigators appearing in court as a witness to demonstrate the theoretical foundation, entity value, procedure value and social benefit value in the investigators appearing in court as a witness. Through the investigation of the system that the investigators appear in court as a witness, the paper analyzes the current situation and problems, analyzes from theory, legislation and judicial system and further presents the suggestions suitable to China’s national situation. At the same time, it is necessary to establish the system that the investigators appear in court as a witness in China, because it is conductive to pursuing the reality of case, maintaining the fairness of procedure in China, controlling illegal behaviors in investigation process, improving judicial efficiency, implementing criminal rules of evidence. In China, the system that the investigators appear in court as a witness has realistic feasibility. On one hand, from the legislative process and judicial reform tendency, we may discover that it is a tendency that the investigators appear in court as a witness. On the other hand, the identity property of investigators in China provides guarantee for the system that the investigators appear in court as a witness; at the same time, it is also the realistic demand of reform and reconstruction of litigation pattern. The paper presents some views upon identity definition and conditions of appearing in court as a witness, and describes the procedures in the system that the investigators appear in court as a witness.It is not enough of the regulation for the system that the investigators appear in court as a witness in existing criminal procedure law in China. As shown in the performance of policemen and other investigators in the actual work, there are more barriers to establish and perfect the system. The scholars in criminal procedure lawsuit are required to make efforts to establish the system that the investigators appear in court as a witness and ensure the fairness and justice of criminal procedures. It is also required to constantly explore the criminal juridical practice. On the basis of keeping foot on Chinese national conditions and referring to the legislation in various countries, the paper analyzes the system that the investigators appear in court as a witness, in order to be advantageous to establish the system that the investigators appear in court as a witness in China.