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On Policeman's Appearing In Court As A Witness

Posted on:2004-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2156360122985154Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Recently, medium reported several cases about policeman who hadhandled a case appeared in court as a witness. This aroused people'smaximum attention. It is very common that policemen appear in court asa witness in the common law countries and the civil law countries.Policeman should take an oath, testify and accept inquiry from partiesin court like other witness in these countries. However, because oflimitation of legislation, structure of action like relaying, separatingbetween prosecutor's office and police agency and concept, it isinfrequent things that policemen appear in court as a witness in China.t is very common phenomenon that all sorts of materials that are made bypolice are submitted to in court in China. This phenomenon will not onlyobstruct prosecutor's office and police agency in investigating into thecriminal responsibility together but also bring bad influence to ourcriminal examining testimony. Actually, We should found the system of policeman's appearing in courtas a witness in order to perfect the subjects, contents and ways ofcriminal examining testimony. The system has special value in criminalproceedings. For example, it will help to resolve some problems thatalways feaze our judicial practice, adjust relations between police,procuratorate and court, construct scientific judicial system,strengthen police's building, ensure the defendant's legal benefits, andso on. Nay, the system of policeman's appearing in court has profoundtheoretic foundation. Firstly, oneness in itself and consistency at aimbetween police and procuratorate show that policeman should appear incourt as a witness, and it is an obligation for policeman to appear incourt as a prosecuting witness for assorting prosecution. Secondly, thesystem of policeman's appearing in court is the important embodiment ofjudicial review. For example, it will help to carry out the exclusionaryrule of illegal evidence and help court control policeman's act ofinvestigation. Finally, the system is a important measure to carry throughthe principle of direct testimony and the rule of hearsay. Currently, we must settle the problems as follow to build the systemin China. For one thing, we should rebuild the concept of criminal witnessand perfect the rule of evidence. For another, we should demonstrablydefine the status of policeman, establish the basic scope of policeman'stestifying and the subject of putting in for policeman to testify, setup some measures of policeman's testifying, and so on. Still another, weshould change traditional thoughts. Finally, we should reform separationof function, coordination and mutual check between public securityorganizations, prosecutorial organizations and people's courts, andrebuild the relation between police and procuratorate and between policeand court. In a word, policeman's testifying is not only a profuse theoreticproblem but also a practical problem that must be solved urgently. Thetext mostly exercises the methods of compare, logic reasoning anddemonstrational analyzing to discuss policeman's testifying by thenumbers. I hope the discussion will be helpful to our criminal judicialtheory and practice. The text has several contributions as follow:theoretic foundation about policeman's testifying; defining the statusof policeman's testifying, basic construction of policeman's testifying;relation between policeman's testifying and the system of criminalexamining testimony. I cordially expect experts can make a comment orcriticism.
Keywords/Search Tags:Policeman's
PDF Full Text Request
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