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侦查人员出庭说明情况是证明证据收集合法性的重要方法之一,是立法和司法实践为解决刑讯逼供屡禁不止问题的经验总结,是修改后刑诉法的一大突出亮点,但侦查人员出庭说明情况在实践中有许多问题亟待解决。一、检察实务中侦查人员说明情况适用现状分析虽然立法和司法构建了侦查人员出庭制度,但实践中,侦查人员特别是检察机关侦查人员出庭情况非常罕见,主要原因如下:1.相关法律法规空白或可操
Investigators appearing in court to explain the situation is one of the important ways to prove the legitimacy of evidence collection. It is a summary of the experience gained by legislative and judicial practice in solving the problem of tortuous prohibition of repeated torture. It is a prominent highlight of the amended Criminal Procedure Law. However, investigators appear in court to explain the situation There are many problems to be solved in practice. First, the procuratorial practice of investigators to explain the situation analysis Although the legislation and the judiciary to establish investigators to appear in court system, but in practice, investigators, especially prosecutors and investigators to appear in court is very rare, the main reasons are as follows: 1. Relevant laws and regulations blank Or manipulable