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Research On The System Of Investigators Testifying In Court

Posted on:2019-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:L Q YangFull Text:PDF
GTID:2416330572463083Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusionary Rule is an important rule of evidence that is common in all countries of the world.It is necessary for investigators to appear in court as witnesses and testify in accordance with the objective requirement of the principle of direct speech,and it is also necessary for the exclusion of illegal evidence.The appearance of investigators to testify in court is an important part of the criminal proof system which can not be ignored.Arranging investigators to appear in court and receive cross-examination according to law is not only advantageous to affirming relevant facts and embodying substantive justice,but also beneficial to effectively punishing and curbing illegal evidence collection,thus enabling procedural justice.Effective protection.Based on this,most modern countries under the rule of law are based on their own reality and have established a relatively perfect system for investigators to testify in court.Through the investigation personnel to testify in court,in the specific judicial practice to implement the rule of exclusion of illegal evidence,can effectively improve the efficiency of handling cases,and promote the efficiency of law enforcement.And through the investigators to testify in court,let the court investigation from the form of examination of the axial substantive review,in this review mode,the controversial facts between the prosecution and the defense can be thoroughly examined,the evidence held by the two sides can be displayed in an equal form,and based on this direct cross-examination,thus can build an equal pattern of litigation.It provides platform for defense of defendants and their defenders.At the same time,it can also ensure that the producers and submitters of evidence can abide by the law,and will not break the law in the process of evidence collection,so that the authenticity and legitimacy of evidence are highlighted.There are still a lot of obstacles for investigators to testify in court,whether in theory or in practice,that is,there is still a lot of room for improvement in these aspects.In this paper,combined with specific cases and carry out empirical investigation and research,first of all,it expounds the current situation of the system of investigators appearing in court to testify in China,and analyzes the problems in the judicial practice of the system,and accordingly puts forward targeted measures and suggestions in order to construct the rules of investigators appearing in court to testify in accordance with China's actual situation..Let the judicial practice truly realize the"trial-centered".Through court investigation,the disputes over the exclusion of illegal evidence can be better settled,the standardization of evidence-gathering behavior can be realized,the judicial human rights can be guaranteed,the phenomenon of investigation privilege in judicial practice can be effectively curbed,and the judicial process can be promoted through fairness.Civilization can be truly realized.
Keywords/Search Tags:Investigators, Testify in court, Illegal evidence, Cross-examination, Empirical research
PDF Full Text Request
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