Practical Analysis Of Investigators' Appearance In Court

Under the guidance of the socialist political and legal thoughts with Chinese characteristics in the new era,criminal judicial personnel should actively promote the socialist construction of the rule of law,deepen the reform of the "trial-centered" litigation system,implement the substantive construction of court trials,and actively practice the system of investigators appearing in court to explain the situation: investigators should improve the level of investigation and appear in court The procuratorial organs should improve the ability of pre-trial filtering and cross-examination,the judicial organs should improve the ability of trial control and the standard of evidence,and the defenders should improve the level of cross-examination and the level of accurate point of defense so as to contribute to the building of a socialist country ruled by law.The appearance of investigators in court is a new duty for investigators stipulated in the Criminal Procedure Law of our country.Besides obtaining relevant evidence,investigators are obliged to appear in court to explain whether their investigation is lawful or not.The system of investigative appearing in court to explain the situation extends the Investigative Behavior of investigators to the trial process,and through the way of personally attending court to receive questioning,realizes the criminal proof,and achieves the purpose of substantive trial.Different from the expression of the system of investigators appearing in court abroad,the purpose of investigators appearing in court in China is to explain the situation,and the identity of investigators in court is not clear.In practice,the system of investigators and witnesses appearing in court should also be distinguished.However,in judicial practice,many judicial practitioners confuse the concept of investigators and witnesses appearing in court,which deviates from the legislative purpose of investigators appearing in court to prove the legality of evidence rather than to prove the facts of criminal entities.This article is divided into three parts besides the introduction and conclusion.First of all,starting from the legal analysis of investigators' appearing in court to explain the situation,it demonstrates that investigators' appearing in court has legal basis,legal basis and reference experience outside the jurisdiction.But it is different from foreign countries: foreign countries are appearing in court to testify,and our country is appearing in court to explain the situation.This paper points out that the subject of this paper is to study the situation of investigators' appearing in court,the object of which is the ability of evidence obtained by investigation,and the system of investigators' appearing in court to explain the situation is necessary.The second part,combined with judicial practice,summarizes the common problems in the implementation of the system of investigative personnel appearing in court,including the problems that the actual effect of investigative personnel appearing in court is not achieved,such as not actually appearing in court,formalized appearing in court,etc.The unclear identity of the court leads to the inaccurate orientation and purpose of the investigators appearing in court.Uncertainty,confusion and other issues,the low level of investigation leads to defects in evidence-gathering procedures and even violations of the law occur from time to time and the court to cope with inadequate,their own escape from the court and other issues.The third part puts forward that all parties in judicial practice should start from changing the concept of law enforcement,being faithful to objective facts,improving their own level,making good preparations before court,making rational use of trial links and opportunities,and determining scientific standards of evidence acceptance so as to improve the effect of investigators' appearances in court.