The Research Of Supervisory Inspectors Testify In Court

Investigators’ appearance in court to explain the legitimacy of evidence has always been one of the important means to prove the legitimacy of doubtful evidence.Although it has been implemented for many years,the implementation effect has been unsatisfactory.After the reform of the supervision system,whether investigators who inherit the power to investigate crimes should also appear in court when there is doubt about the legitimacy of evidence has gradually become the object of concern in academia.Although the power of supervisory investigation comes from a supervisory authority different from the judicial authority,its core is still specialized activities for collecting evidence and ascertaining facts.Therefore,investigators should appear to be constrained by the facts in court.Judging from the implementation status of the investigator’s appearance in court,the legislation urgently needs to further improve the procedure design of the investigator’s appearance in court,especially to focus on answering several key questions such as who appears in court,the court procedure,the method and boundary of cross-examination,and the consequences of not appearing.In order to answer these questions,this article first sorts out the legal system of investigators’ appearance in court in a legislative order,lays out the theoretical basis for the investigators’ appearance in court,and proposes that the identity of the investigators’ appearance in court is essentially a "procedural witness" for further discussion.The method and scope of cross-examination and the procedural consequences of not appearing in court lay the theoretical foundation.Based on the current situation of investigators’ appearances in court,this article focuses on the analysis of the common and specific problems faced by investigators in court,and makes a more detailed analysis of the explanations relative to the non-mandatory testimony in court."Situation" abuse issues.Comprehensive analysis of the status quo of the problem and discussion of the reasons,in the fourth part of the article,the author has launched a detailed discussion on the design and improvement of the procedure of the investigator’s court appearance system in China.The article answers the four core questions of who will appear in court,the court procedures,cross-examination methods and boundaries,and the consequences of not appearing in court.It also gives its own suggestions for improving the investigator ’s court supporting system and guarantees.Organs and judicial organs cooperate with each other to restrict rules,achieve equalization of court trial and defense rights,implement evidence adjudication rules,strictly exclude illegal evidence,and ultimately contribute to the establishment of a sound investigator court system.