The Investigators To Testify System In China

In recent years, the media reported the Du Peiwu case, SheXiangLin case, zhao zuohai case YuanCuoAn pieces, caused the attention of the society. In the process of back, I found that almost all of these YuanCuoAn behind hidden investigators a confession by torture, the truth, cheat for the situation, and even violence obtain evidence by using the way of torture. These through illegal means to obtain confessions, unexpectedly can freely through the examination and prosecution of procuratorial organ, in turn, into the trial stage, the final court to finalize the evidence as a basis, lead to innocent people suffered heavy sentence. From the point of view of the proceedings, the trial the defendant fails to reverse after a confession, accused the investigation phase is torture, and put forward with the case investigators confrontation in court. Collegial panel for the reasonable requirements of the exercise of litigation, but in a dilemma. Because the effect of the criminal procedure law has not stipulated the investigators shall appear in court to testify, even if the court notice investigators to testify, investigators will also with no law according to refuse to appear in court. Changes in 2012 and came into effect on January 1, the following year, the criminal procedure law of the People’s Republic of China by the relevant provision which properly solved the problem. To ensure that the new system design can effectively implement, and produce positive social effect, need to deeply from the perspective of academic system of research, to predict possible problems in practice, put forward the countermeasures and Suggestions of operable, make more scientific and perfect the investigators to testify system in China. This article systematically analyzed the new criminal procedural law relevant provision of the meaning of the investigators to testify system in China, and on the basis of the experience in contrast to other country, combining the current situation of the system in our country, put forward countermeasures of further perfecting the system of the investigators to testify.