Study On The Problems Of Police Investigators To Testify In Court

The main purpose of the criminal procedure is to restore and to discover the truth, effective charges and punishing crimes, how to ensure that the process is most close to the fair, will be the concept of due process through and transformation of the exclusion of illegal evidence plays an important role in. Now commonly practice investigators testify in court for illegal evidence exclusion rules apply is important one annulus, especially after 2010, with the "Criminal Procedure Law" as the representative of the legal and judicial interpretation and gradually to the investigators to testify in court has begun legal construction. But because the practice has just started, the system construction is not perfect, appear more and more problems, to solve these problems is very necessary and urgent. This paper selects the big question four aspects to carry on the discussion, hoped that can provide a reliable reference to perfect theory and judicial practice. This paper is to explore the four major problems:The first part, mainly discusses the police investigators to testify on prepositive procedure. Starting from the necessity, the feasibility of pre program, focuses on pre start procedures and forms-to participate in the meeting before the tribunal, at the same time give procedure preceding procedure necessary legitimacy constraint.The second part, mainly discusses the police investigators to testify the program startup problems. First on the subject to initiate and start the program settings, especially considering the easily neglected subject to initiate the victim, and the program start to institutional constraint. Embodiment of constitutional due process control of power and human rights guarantee function.The third part, mainly discusses the question of admissibility of police investigators in the court to testify. Summarizes the key point selection justice or the choice of basic human rights, starting from the current rules of admissibility of other countries, combined with the reality of our country, find our adoption standard. In order to achieve the adoption of transparent and understandable, requires the establishment of reasoning system, logic process show a court to make its judgment justifies the due process, reflecting the value pursuit.The fourth part, mainly discusses the legal supervision of police investigation personnel to appear in court to testify. Application specific procuratorial organs mainly studies the Constitution gives the exclusive legal supervision power of legal supervision power, with due process and the substantial legitimacy connotation as supervision mode selection guidance and ideas of supervision, content, mode, stage setting, hope to achieve the procuratorial organs in the supervision of the content of the review, the actual effect of the supervision to guarantee the implementation of.