侦查人员出庭作证的现实困境与完善路径研究

Research on the Practical Difficulties and Perfection path of Investigators in the Court to Testify

侦查人员出庭作证制度对于密切侦审部门的联系、倒逼办案质量提高意义重大。尽管侦查人员出庭作证机制已经实施了五年之久,其仍然面临着法律层面定义模糊、侦查人员自身诉辩能力不足、制度保障欠缺等诸多问题。为解决侦查人员出庭作证的现实困境,应明确侦查人员出庭作证的身份、畅通与检察官的沟通渠道、建立起特殊保护程序并纳入考评机制中。通过出庭作证机制倒逼实现侦查取证规范化的目标。

It is of great significance for investigators to testify in court to closely link the departments of investigation and prosecution and improve the quality of handling cases. Although the investigator＇ s testimony mechanism has been carried out for five years, it still faces many problems, such as the vague definition of the legal level, the insufficient ability of the investigator＇ s own pleading, the lack of system guarantee and so on. In order to solve the realistic predicament of the investigator＇ s testifying in court, it is necessary to make clear the identity of the investigators to testify in court, unimpeded communication channels with the prosecutor, establish special protection procedures and bring into the evaluation mechanism. Through the mechanism of testifying in court, the standardization of investigation and evidence collection is forced to achieve the goal of not appearing in court to testify.