The Empirical Research On The Investigators To Testifying In Court

Through the investigators to testify in court and question from the court,can help the court to exclude illegal evidence and better determine the facts of the case.Supplementary evidence,and ensure that the prosecution and the defense are both equal and fully exercise their cross-examination,proceedings in the court in favor of pleadings,promote the deepening of the substantive nature of court trials.But in judicial practice,because lack of legal basis,and the judicial standard is not uniform,result difficulties in the operation of this mechanism.Although prescribed in the criminal procedure law,however,it is difficult to implement,make the system difficult to play an effective role.The author took advantage of the internship opportunities to conduct a systematic inspection of the W-city 's two-tier courts that are implementing the reform of the investigators' testimony mechanism in court.The operation of this pilot site was grasped,and the experience was summarized,and the analysis was conducted based on the difficulties that were actually present and difficult to break in the actual operation,finding root causes of illness,and combining the theory of criminal procedural law inside and outside the domain.For the improvement and development of the mechanism put forward my opinions.Through the writing of this article,we try to explore the operation of investigators' testimony mechanism and build a complete testimony system that is in line with China's judicial practice.In addition to the introduction and conclusion,this article is divided into three parts,a total of 30,000 words.The first part is an overview of pilot operations.This section is divided into two parts.The first part focuses on the innovative features of the pilot courts when trying out investigators' court appearance mechanisms.Including the content and scope of the testimony,and highlighting the role played by the court.Detailed test procedures,and supplemented by supporting assessment and evaluation systems and safeguard systems.Cooperate with a variety of initiatives,to ensure that investigators' testimony system has achieved its intended goal and achieved results.Outstanding results lie in the increase in the number of court appearances.After investigating the court appearance of investigators,11 courts in W city had investigators to testify in court.Enhance the quality of trials,avoid the occurrence of falsepositives and wrong cases,and at the same time improve the professional ability of judicial staff.The second part focuses on the problems in operation.At the same time,in light of the problems in China's criminal procedures,the common problems existing in other judicial organs have also been analyzed to try to find out the commonalities of the problems and provide reference for the improvement.In the implementation of reforms,the number of people appearing in court is still low,and insufficient motivation.There are four reasons,they are the identity of the investigators' trials is unclear,their own court hearings are poor,the judiciary is unable to form an integrated reform force,and the court lacks mandatory sanctions.In addition,the abuse of written information in the country has replaced the effectiveness of investigators' appearance in court.And the examination standards of investigators appearing in court are still blurred.All these obstacles together create the current dilemma of investigators' testimony mechanism.Only by clarifying the status of the trial can the rules of trial be better stipulated,thereby ensuring that a series of perfect measures can be carried out smoothly.Secondly,the court testimony should be detailed,and the court rules should be determined in order to avoid delays due to system oversight.The third part mainly proposes improvement measures for difficult problems.First,it should be clear that investigators appear as witnesses.Once again,we created a protection mechanism and an assessment mechanism.Finally,improve the protection mechanism,enhance investigative personnel's ability to respond to complaints,and limit the use of instructions,to block the fear of the investigators.