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Research On The Appearance Of Investigators In Court Under The Background Of Trial Center

Posted on:2022-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y DuFull Text:PDF
GTID:2516306530478824Subject:legal
Abstract/Summary:PDF Full Text Request
Focusing on trial is the country's major litigation system reform.It is a major litigation reform deployment to ensure that the evidence before trial can withstand the test of the court trial,to ensure that the trial plays a decisive role in judicial justice,and to promote the substantiveness of the trial and reduce false falsehoods.Important measures for the occurrence of wrongful cases.In the context of the trial center,the application of the system of investigating personnel's appearance in court is conducive to restricting illegal evidence collection before trial,eliminating the drawbacks of relying heavily on file trials in the past,and reducing the phenomenon of falsification of court trials.Therefore,the system of investigating personnel's appearance in court has become an important part of the reform of the trial center.This article believes that investigators have the status of ordinary witnesses when they appear in court because of witnessing facts,because they have the status of special witnesses when they appear in court because of procedural facts.This article mainly discusses the problems and countermeasures caused by investigators appearing in court as witnesses of procedural facts in the context of the trial center,and finally achieves the purpose of fully examining the legality of evidence collection,ensuring that the court accurately adopts evidence,confirms facts,and avoids unjust,false,and wrong cases.In the context of the trial center,the reality of the problem of investigators' appearance in court is manifested in the imperfect rules of the investigators' appearance in court during the trial,the imperfect rules for excluding illegal evidence that apply to investigators' appearance in court,and the influence of the rules of evidence collection in the pretrial stage on the appearance of investigators in court.The uncertainty of investigators' truthful testimony,the blurring of the rules for eliminating illegal evidence that apply to investigators' appearance in court,and the imperfect rules of investigation and evidence collection are the most prominent practical dilemmas among the three categories.The corresponding countermeasures in this article mainly focus on the resolution of judicial practice problems through the improvement of legislation.The specific countermeasures to improve the rules of testimony in court are as follows: the testimony of investigators in court shall refer to the rules of proof of interested parties and the rules of cross-examination of witnesses and appraisers;measures to improve the rules for exclusion of illegal evidence include those that clearly apply to the appearance of investigators in court.Rule boundaries ensure that the defense effectively exercises the right of investigators to apply to appear in court,and clarify the consequences of investigators' refusal to appear in court;the countermeasures for optimizing pretrial investigation and gathering evidence to promote investigators' appearance in court include standardizing and fixing the evidence gathering behavior of investigators and reforming the performance evaluation of investigation and gathering evidence system.
Keywords/Search Tags:Focus on trial, Investigators appear in court, The legality of investigation behavior
PDF Full Text Request
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