Research On The System Of Investigation Personnel Appearing In Court As A Witness

Investigators’ testimony is common in many civil law and common law countries.China presents a low rate of investigators who testify in court,their identities are ambiguous,the scope of their testimony is not clear,and the "statement" written materials are prevalent.The testimony system for personnel to appear in court has been gradually reformed and explored.With the amendment of the Criminal Procedure Law in 2012 and the Central Committee ’s decision to comprehensively advance the rule of law at the Fourth Plenary Session of the 18th Central Committee,it was jointly issued by the Supreme People ’s Court,Supreme People ’s Procuratorate,Ministry of Public Security,Ministry of National Security,and Ministry of Justice in 2016 With the implementation of the trial-centered reform of the criminal procedure system,China’s criminal procedure model and concept have been greatly developed,providing a legal basis for the development of investigators’ appearance system.The testimony of investigators in court can effectively prevent the occurrence of unjust and false cases,save judicial resources,and effectively regulate the investigative behavior of investigators.However,there are currently inadequate legislation in the operation of the investigator’s appearance system in China,and the investigators’ ideas have not completely changed.Therefore,this article studies the relevant content of the investigator’s appearance system and comparatively analyzes the relevant systems of extraterritorial law countries,hoping to extract its essence,combining China’s basic national conditions and the characteristics of criminal litigation structure,to provide suggestions for improving our investigator’s appearance system.This article consists of six parts:The first part mainly introduces some basic concepts of investigator appearance system,such as the characteristics,classification and significance of investigating witnesses.The second part mainly introduces the basic theories related to the research of this paper in China’s criminal litigation.It contrasts and introduces the relevant features of the criminal law structure and evidence rules of the two major legal systems,which can help to understand the development process of China’s criminal system.The third part mainly introduces the development of China’s investigator’s testimony system from the development process of China’s legislation and judicial practice.In the judicial practice part,it consults the relevant data of China Judgment Document Network and explains the current appearance of investigators in China.The system was introduced.The fourth part mainly introduces some common problems in the operation of the investigator appearance system in China,and analyzes the reasons in depth.The fifth part is mainly a comparative analysis of the investigating system of the investigators in Britain,the United States,Germany,France,and Japan.In order to improve the system of investigating witnesses in China,we are inspired by it.The sixth part mainly introduces some suggestions for improving China’s investigator’s testimony system,mainly in the improvement of laws and regulations,such as improving the investigator’s appearance as a witness,clarifying the scope of testimony,standardizing the court procedure,and related legal responsibilities and improvements.Supporting measures for investigators to testify in court.