On The Dilemma And Countermeasures Of Investigators’ Testimony In Court

The legitimacy basis for investigators to testify in court is derived from the basic provisions of the Criminal Procedure Law when it was revised in 2012.However,due to the fact that the provisions of law do not clearly define the procedural and mandatory nature of the investigators who appear in court to testify,as well as the protective or remedial provisions for the investigators who appear in court to testify,and the lack of hands-on experience and correct understanding of the litigation behavior of the investigators who appear in court to testify,in judicial practice,the investigators appear in court to testify with low enthusiasm,and the rate of appearing in court to testify is extremely low.However,whether in the territory or outside the territory,whether in terms of legality or legitimacy,the appearance of investigators as the witnesses in court is a significant litigation activity.This paper is generally carried out through the idea of "overview-problem discovery-extraterritorial research-out of the dilemma".The first part is an overview of the basic connotation of the system of investigators’ testimony in court from its definition,characteristics,legislative evolution and other aspects.Through the vertical arrangement and horizontal integration of different scholars’ research on the system,combined with the understanding and research content of this article on the behavior of investigators’ testimony in court,the author redefines the investigators’ testimony in court,and clarifies the type of evidence for the testimony in court,Explain the necessity for investigators to testify in court.The second part,finds out the difficulties faced by the investigators when they appear in court to testify,and carries out in-depth analysis of the problems.The third part pay attention to the relevant systems of the appearance of investigators in court in foreign countries.selecting the representative countries of the Anglo-American law system and the Civil law system for comparative study,analyzes the attitudes and specific provisions of various countries for the appearance of investigators in court,and excavates the reference points for our country to construct the appearance of investigators in court.The fourth part is building the system with the content of the second part of the article as the problem-oriented.From clarifying the subject status of investigators to testify in court,and combining the discussion of academic theory and existing legal provisions,it is proposed that we should first discuss the scope of evidence of investigators to testify in court from the legislative level;Secondly,we should improve the relevant procedures and rules for the investigators to testify in court,including the starting procedure,the evidentiary effect of appearing in court and so on;Finally,improve the enthusiasm of the investigators to testify in court,eliminate the internal resistance of the investigators to testify in court,and offer suggestions to improve the rate of the investigators to testify in court with targeted and feasible suggestions.