Research On The Testimony System Of Investigators

In the judicial practice in foreign countries,it is a common phenomenon that investigators appear in court as witnesses.In our country,the establishment of the investigators as witnesses system in our country is still in the initial stage.No matter in theory or in practice,there are some obstacles in the set-up of the system.But with the continuous deepening of China’s judicial reform,the necessity of it has been gradually paid attention to and put into practice in the judicial practice.The provisions of the exclusion of illegal evidence in criminal cases on July 1,2010 for the first time specified the procedures for the exclusion of illegal verbal evidence in the form of judicial interpretation.According to this rule,the prosecutor can apply to court to require investigators to testify in court,but they should prove the legitimacy of the evidence.The new criminal procedure law enacted in 2013 also confirmed the above provisions,but such it changed "testify" into "to explain in court",which to some extent hindered the investigators as witness system,and made the property for investigators to testify in court vague.At the same time,in the judicial practice,there are few cases involving investigators to testify in court,and we also can’t see many cases concerning the exclusion of the illegal evidence.Therefore,we should study more about the investigators as witnesses system and gradually perfect it,thus providing more theoretical guidance and theoretical basis for the judicial practice.Therefore,this paper attempts to start from the basic theory of investigators to testify in court,analyze the relevant provisions in the foreign and our present situation,and find out the problems about the investigators as witnesses in our judicial practice.Finally,it will offer some suggestions about perfecting the law,making the identity,the scope,the procedure and the security of the investigators to testify in court clear and perfecting the sanction measures.