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The Empirical Research On The Testimony Of Investigators In Court

Posted on:2021-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:M JiangFull Text:PDF
GTID:2506306113458954Subject:Master of law
Abstract/Summary:PDF Full Text Request
Our country is vigorously promoting the trial-centered litigation system reformation.One of the core contents is to realize the substance of the trial.From the aspect of juridical practice,it is to take the substance of juridical evidence as the premise.In order to practice the principle of evidence decisions and realize the substance of juridical evidence,we need to promote and perfect the witness appearance system,and specify the conditions and procedures of investigation personnel appearance and testimony.The object is the investigation personnel’s appearance in the court in our nation’s case of crown.We choose the relevant statistics of evidence and investigation personnel of four jurisdictions(named A,B,C and D)of a city from 2015 to 2019.We analyze and classify the progress and dilemma of the investigation personnel’s appearance in the court.Based on the preliminary research on the current statistics of evidence and investigation personnel appearance,we put emphasize on official procurator’s perspective and the application of investigation personnel appearance to analyze how to improve the system of investigation personnel appearance.We aim to explore objective,reasonable and effective methods to promote and improve the theorization and application of the system of investigation personnel appearance.This essay is divided into four parts.The first one is to introduce the development and current status of the system of investigation personnel appearance,and analyze the progress and downsides of it.The background and contribution of the topic is demonstrated,as well as a classification of recent research results and relevant overseas systems as a reference.Its aim is to make clear of the current problems faced by the system of investigation personnel appearance and make a foundation for later discussion.The second part is a presentation of the data of this research,including the relevant statistics of evidence and investigation personnel of four jurisdictions(named A,B,C and D)of a city from 2015 to 2019.It includes two central areas,a middle-central area and an external area.The data obtained in this way can have an all-round and effective reflection on the situation of evidence and investigation personnel appearance in the court of the whole administrative area of this city.Furthermore,as the time expansion is five years,we can compare the situations of different jurisdiction areas in different years to have a comparatively comprehensive research and analysis,which is more valid n statistical terms.The third chapter is a research on the investigation personnel appearance from the official procurator’s perspective.It points out the potential impacts on the public prosecution work from the witness appearance in the practice,as well as the various problems faced by investigation personnel,such as the problems of appearance in the court of different cases,the contradiction between appearance statement Letter of Presentation,and the problems of appearance in different court proceedings.Then it comes to the demonstration of the positive impacts of the official procurator to the system of investigation personnel appearance.In the fourth chapter,we come up with the concrete suggestions on promoting and realize the system of investigation personnel appearance.We propose the regulation should be made that in some specific types of cases,or in some specific plots,the investigation personnel must make an appearance.In the practice,we should make an orderly promotion of quantitative change to qualitative change,and change our values from passive to active.The limitation of this essay is that the statistics only restrict to four jurisdiction areas,which cannot make an overall evaluation on the promotion of other areas of the city.
Keywords/Search Tags:Investigation Personnel Appearance, Witness Appearance, System Improvement
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