Research On Investigation Experiment System

As an important investigation measure and proof method,investigation experiment has an irreplaceable important role in detecting cases and ascertaining facts.The “Criminal Procedure Law” clarifies the legal evidence status of the investigation experiment transcripts,but the legal and related judicial interpretations are still verbose on the specific systems of investigation experiments.The concept,application conditions,and implementation specifications of the investigation experiment have not been clarified and cannot meet practical needs.Frequent problems have frequently arisen.Therefore,combing the problems existing in the investigation experiment operation in the current judicial practice,there are targeted strategies for solving the problem,which is of great significance for improving the relevant system of investigation experiments.This thesis uses the judgment documents related to the investigation of the investigation collected in the It's Law case database and the interviews with investigators in the practice department as the research object,analyze the operational status of investigation experiments in judicial practice,summarize the problems in the application of investigation experiments and put forward corresponding suggestions in order to better play the function and value of investigation experiments.First of all,from the basic theory of investigation experiments,this article clarifies that the investigation experiment refers to the investigation organ's method of simulating and reconstructing the condition of the case.The purpose is to ascertain and verify whether certain facts or phenomena related to the case are under certain conditions.There are scientific investigation activities that may or may occur,as well as the processes,conditions,and causes of a certain scenario.Analyzed the similar concepts of investigation experiments,site inspections,and appraisals,the value of investigative experiments.Secondly,introduces the practice of investigation experiments,based on 1,413 judicial documents and interviews with substantive departments,the actual operation status of the investigation experiment was examined from the perspectives of the number of cases,geographical distribution,the distribution of charges,the purpose of application,the conditions of application,the examination and approval procedures,the implementation process,and the cross-examination and acceptance of investigation transcripts.Thirdly,On the basis of practical investigation,the problems in investigation experiments were analyzed.Including: the applicable conditions are not clear,the narrow range of experimental participants,lack of supervision of the experimental process,the formalization of the examination and approval procedures,the principle of similarity has not been effectively implemented,the principle of reproducibility is not established,the system of proof of the similarity of the conditions is not perfect,and there is a lack of uniform and specific operational norms.Finally,put forward suggestions and countermeasures based on the above issues.Defining the meaning and application conditions of investigation experiments;build witness system to strengthen external supervision;Improve the examination and approval procedures for investigations and strengthen substantive examination;Improve the rules of proof for the similarity of conditions;Formulate uniform and specific operational rules for investigations.In order to provide a certain theoretical reference for judicial practice,it is beneficial to improve the investigation experiment procedure.