An Empirical Study On The Situation Of Chinese Investigators In Court

In recent years,some wrongly reported cases in the media have caused the public to pay unprecedented attention to criminal proceedings in China,and the public has raised some doubts about judicial justice.Although the occurrence of criminal misjudged cases has certain limitations of the background of the times and the level of criminal technology investigation,the illegal acquisition of evidence by investigators,including interrogation,on-site investigation,inspection,and search behavior,is one of the important reasons for the wrongful cases.On the basis of the "Implementation Opinions on Comprehensively Advancing the Reform of the Criminal Proceeding System Centered on the Trial",the Supreme People's Court regulates the investigation activities of the investigation organs and prevents the wrongful cases caused by the unreasonable expansion of the investigation power and the case centerism.To ensure that the central reforms are required to be effective,to optimize and improve the trials,especially the trial procedures,to formulate the procedures for the pre-trial meetings of the people's courts for handling criminal cases,and the procedures for the people's courts to handle illegal cases in criminal cases.The People's Court Handling the Procedures for the Investigation of the General Procedure Court of the First Trial of Criminal Cases(hereinafter referred to as the "Three Procedures").The "three regulations" cover the refinement and regulation of the investigators' court appearance system.It can be seen that this system is the necessary way to realize the "trial-centered" criminal litigation system reform in China,and the deepening of the "trial-centered" reform is also The further improvement of the system provides an opportunity.Although the investigation system of investigators in China has fully considered the status quo of investigation work in China,there is still a lag in the concept of litigation and theoretical conflicts in the evidence law system,which requires further reflection and improvement.In this paper,the author tries to distinguish it from the predecessors' research model,based on the "three rules",in order to refine the study of the investigators' court appearance system in China,and hopes to provide materials and arguments for the theoretical community and improve the appearance of the investigators in China.Rational understanding of the situation system.This paper is divided into four parts: introduction,body,conclusion,and thank you.Thebody consists of four parts.The introduction part mainly introduces the research background of the thesis,the theoretical value and practical significance of the topic,and the research methods.The main body is summarized as follows:The first part: an overview of the situation system of the investigators in China.The author starts with the legislative evolution of the investigators in China to explain the situation system and sorts out the evolution and optimization process of the system in China's criminal legal norm system.The investigation of the investigators in the court to explain the situation system refers specifically to the “testimony” of the investigators in the process of illegal evidence exclusion.The content only includes the relevant facts about the legality of the evidence collection behaviors they personally implement.With regards to the connotation and characteristics of the investigation personnel's appearance in the court,the author grasps the three aspects of the identity of the investigators,the understanding of the "description of the situation",and the relationship between the system and "not forcing self-incrimination." This part also introduces the limitations of the court's appearing system in China to solve the evidence legality proof,guarantee the defendant's litigation rights,enhance the investigator's procedural rule of law awareness,highlight the central position of the trial,and promote the substantive significance of the trial.The second part: the status quo of the investigation system of the investigators in China.In this part,the author first summarizes the overall situation,geographical distribution,industry distribution,distribution of cases,and the influence of the court appearance rate,the content of the court statement,the procedure of the court appearance,and the appearance of the court statement on the exclusion of illegal evidence.The legal consequences of the refusal to appear in court represent the judicial status of the system.The third part: the problems and causes of the situation of the investigators in China to explain the situation system.The fact that the investigators in China have appeared in court to explain the situation is not effective.The author believes that there may be problems such as relatively strict legislative provisions,ineffective investigators' attitudes in court,poor actual performance in court appearances,and low judges' attention.The author believes that although the above problems have certain relations with the lack of investigative resources in our country,the lack of appearance skills of investigators and the lack of personal,financial and occupational security,the deep-seated reasons may be reflected in the following aspects:the basic litigation concept The national standard and the litigation structure of the litigationstructure determine the relationship between the investigative organ and the procuratorate and the judicial organ,the relationship between the investigation stage and other stages,the case-writing centralism of the litigation method,and the crime control concept of the litigation purpose.The fourth part: Chinese investigators appear in court to explain the perfection of the situation system.At this stage,Chinese investigating personnel's appearance in court” is only a provision.Although progress has been made,it has not yet developed into a system.In order to improve its development,in general,it needs to be based on existing laws and needs to be in line with the direction of reform;it is necessary to adhere to the issue-oriented orientation and pay attention to the adjustment of ideas.The author believes that it can be improved from the following aspects: first,to determine the scope of investigators reasonably;second,to refine the conditions for investigators to appear in court;third,to clarify the consequences of not appearing in court;and fourth,to standardize the form and content of "description of circumstances";The fifth is to improve the "inquiry" rules;the sixth is to provide supporting measures when the instructions are inconsistent with the pre-trial instructions.