Investigators Testify System Research

In recent years,a series of criminal misrepresentations such as the Du Peiwu case in Yunnan Province,the Xiangxianglin case in Hubei Province,the Zhao Zuohai case in Henan,the Zhang Shushu in Zhejiang,the Yu Yingsheng case in Anhui,and the Hugejile pattern in Inner Mongolia have been disclosed.It has caused extremely bad influences in the society,seriously jeopardizing the legitimate rights and interests of citizens,harming the public interest,and at the same time undermining judicial justice and social order.The public's trust in the administration of justice and even the credibility of the country has fallen sharply and even lost basic trust.In the current litigation system to find a breakthrough,extorting a confession by torture is considered to be the main reason for the formation of wrong cases and defamation cases.At the same time,this has pushed the issue of the legality of the evidence collection activities carried out by investigators to the cusp.In order to standardize the investigation activities of the investigation organs and prevent the frequent unreasonable expansion of the investigation power and the case-centricism,China is vigorously promoting the "trial-centered" criminal litigation reform.Proving the legality of evidence collection at the trial stage is the core of the illegal evidence exclusion system,and the investigators' testimony in court is the core of regulating the investigative power,preventing the trial from falsifying,and proving the legitimacy of evidence collection.Therefore,the study of the system It is a necessary way for China to achieve "trial-centered".This paper firstly gives a brief overview of the system of investigators' testimony in the process of illegal evidence exclusion,and demonstrates the theoretical basis of the establishment of this system in China and its physical value,procedural value and social value.It analyzes its existence through an extraterritorial investigation.Reasonableness,absorbing foreign beneficial results,comparing with China's current situation,analyzing the problems existing in China;according to the legislation and judicial practice of thecurrent investigators in court,the author puts forward the perfect thinking of the investigators in the court testimony system from six aspects :The identification of the identity of the investigators in the court testimony,the testimony procedure,the object of the test,the analysis of the testimony of the investigators in the testimony,the applicable cases and the exclusions,and the supporting measures to establish and improve the testimony of the investigators in court.In view of this,it is possible to improve the system for investigators to testify in court,to realize the substantiveity of court trial and control,to curb the expansion of investigative power,to implement the system of illegal evidence exclusion,and ultimately to achieve the fundamental goal of “trial-centered”.