Research On The System Of Investigators Testifying In Court In The Procedure Of Exclusion Of Illegally Obtained Evidence

With the frequent exposure of a series of criminal misjudged cases,torture has been recognized as the main reason for the formation of the wrong case. The legitimacy of the evidence collection of investigators would also be on the cusp. In order to restrict the criminal investigation activities of the investigating organ, to prevent the unreasonable expansion of the investigation power and "file-transcript-centrism",our country is vigorously promoting the criminal proceedings system reform of the "trial centered". The system of investigators testifying can be in full compliance with the basic requirement of the "trial centered" in three ways---- the regulation of investigation power, the containment of trial formalization, and the equal protection of prosecution and defense. So this system will become the indispensable necessary avenue to realize the "trial centered". At the same time, the proposal of "trial centered"also provides a majestic opportunity to perfect this system.Firstly, this paper overviews the system of investigators testifying in court in the procedure of exclusion of illegally obtained evidence briefly,including the testifying object, the identity, applicable cases and system value. Summarize the difference of common witness, the investigator as the procedural witness and the investigator as the substantial witness.The value of system is analyzed from three aspects: verifying the legitimacy of evidence, standardizing the behavior of obtaining evidence and realizing the "trial centered". Secondly, analyze the present situation of legislation and judicature in our country. Investigators do not appear in court or go through the motions in our country. Then this paper summarizes three main obstacles: the basic content of the investigators testify is not clear, the specific procedure of the investigators testify is not detailed, and the safeguard measure of the investigators testify is absence. Again, from the point of related systems in civil law and common law, look for the enlightenment to our system. Make efforts to correlate the system with social cultural environment. And absorb the beneficial achievements for reference. Finally, according to the basic requirement of "trial centered", author puts forward perfect ideas of the system from three aspects and nine angles: the basic content, the specific procedure and the safeguard measure. The perfect ideas mainly include nine angles: unified legal rules of the investigators testify, identify the witness identity of the investigators in court, redefine the scope of applicants in the investigators testify, refine the authority in the investigators testify, clear the code of conduct in the investigators testify,clear the legal consequence of the investigators' refusal to appear in court,clear right protection of the investigators testify, clear liability exemption of the investigators testify, and clear investigation appraisal system and the annual report review mechanism. In order to curb further expansion of the investigation power, pursue the essentialism of court trial, and achieve the basic target of "trial centered".