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Research Of The System That Investigators Testify In The Court

Posted on:2018-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:H Z ZhuFull Text:PDF
GTID:2346330518978543Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Procedures of exclusion of the illegally obtained evidence were established in the revised Criminal Procedure Law 2012.The main purpose of procedures of exclusion of the illegally obtained evidence is to testify the evidence-gathering legitimacy.During court investigations into the evidence-gathering legitimacy,the People's Procuratorate should testify that relevant evidence has been gathered in accordance with the law.It has been explicated in Article 57 of Criminal Procedure Law that the People's Procuratorate is allowed to apply for investigators or other associated personnel to appear in court to as witness where existing evidence materials are far from enough to testify the evidence-gathering legitimacy.The system that investigators testify in the court is designed for the exclusion of the illegally obtained evidence and the identification of the meritorious performance and voluntary surrender of the defendants.By studying the system that investigators testify in the court in line with Article 57 of Criminal Procedure Law from the perspective of an investigator,the paper aimed to dig deep into problems arising out of practices.This way,it expected to probe into the current running conditions of the system,the role that the system plays in practices,the causes for investigators' appearance in law as witness,relevant procedures and the outcomes.It is necessary to constantly go a step further in theatrical studies of criminal proceedings with the progress in the society,Chinese legislation systems and civil awareness of assurance of human rights and procedural justice.Only in this way is it able to strike a balance between criminal crackdown and human rights protection.With constant improvement in the system that investigators testify in the court as witness,the human rights of investigators will be properly safeguarded.
Keywords/Search Tags:Illegal evidence exclusion, Legitimacy, The system of investiga tor testifying in court
PDF Full Text Request
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