On Police Testifying In Court

This article is divided into five chapters,which is about police testifying in court.Chapter 1 introduces the present situation and the harm rising from the police who do not appear in court to testify.Revised "Law of Criminal Procedure" has made the criminal trial way reform in our country prompt forward a stride since 1996.And the defendant is able to defend against the prosecutor more strengthfully .Under this kind of big background, the Supreme People's Court and the Supreme People's Procuratorate made firmly reply through the judicial interpretation form .But the two high judicial interpretations only made some broad senses of principle to stipulate ,even if was these summaries senses of principle stipulates but has not been able to obtain the effective implementation .Therefore speaking from the whole, in the middle of our country current legal framework, the rule for the police to appear in court to testify has not been established. And in the criminal judicature practice ,the case of the police appearing in court to testify also is extremely rare .The present realistic situation is, if the procuratorate agency needs the police to testify, the police generally provide the written testimony , moreover these police's testimony forms are not also standard, what are more is proof material which writes up by the public security department unit name, also frequently only has the unit seal but not specifically to handle a case the police to inscribe.。Generally speaking, the police appear in court to testify in our country also only are a document or the accidental instance .At present our country legal framework appeared in court to the police to testify in the system legislation not to be imperfect already seriously endangers our country criminal democratic government by law construction advancement, simultaneously also affected our country law authority. Concrete speaking, responsibly handles the case the police do not appear in court to testify at least can cause two big harm, one is to defend the side questioning witnesses power the limit and deprives, two causes the extortion of confession by torture phenomenon spread ,fairly causes the enormous harm to the judicature.Chapter 2 specifically analyzed our country current police not to appear in court to testify condition each kind of reason, including psychological reason, legal reason and social reason.The current police do not appear in court to testify if the special privilege mentality idea to have the inevitable relation .The police undertake are maintain the social security and the detection crime heavy responsibility, is occupying the important status in the entire state power system, "the police privilege" the phenomenon is also common in certain places, or has one kind intensely in certain police hearts "the superiority feeling" .Under if let these inquire or the inquiry lead in the detection process condescends harnesses appears in court to accept once the accused person as well as lawyer's interpellation which by its detention, is arrested and inquires looked like was the matter as if which tolerated with difficulty .Because this said to the police not only is in sentimental enormous "the injury", moreover they also often regarding this hold the intense opposition manner and even have the resistance .Looked from the legal angle that, affects the legislation slight defect which our country police appears in court to testify mainly is the evidence theory barrier, the judicial system barrier and the lawsuit system barrier.Speaking on the entire society, our country citizens generally testify consciousness are not strong, the legal idea are light, many people did not know witness appears in court to testify is its legal duty , also includes as the judicature staff's police in among, the entire society has not formed the support, praises the good atmosphere which witness appears in court to testify, this inevitably can dampen the enthusiasm and the initiative which witness appears in court to testify .Moreover , although the nationwide large-scale legal education program is mammoth, but our country citizen's special education in respect for the law also extremely is short of .In the overall, our country citizen's concept of law very is also light , testifies consciousness not to be strong. Social law consciousness is light is the social reason which our country police is not willing to appear in court to testify.Chapter 3 elaborated has established the police in our country to appear in court to testify the system necessity, namely established the significance which the police appeared in court to testify , established the police in our country to appear in court to testify the system mainly is stems from four considerations : First, establishes the police to appear in court to testify the system is the court removes the illegal evidence, the suppression extortion of confession by torture need. Second, establishes the police to appear in court to testify the system is straightens out our country police to examine relational the need .Third, establishes the police to appear in court to testify the system is saves the criminal trial cost, enhances the lawsuit efficiency the need .Fourth, establishes the police to appear in court to testify the system or our country criminal activity questioning witnesses system development and the consummation inevitable trend.Using the comparison test in chapter 4 the author first take analyzes the English America legal system and the mainland legal system these two big legal systems related police appears in court to testify the system as the starting point .Refers to US, England mainland legal system country and the local and so on and so on English America legal system country the and Japan ,Germany , France police appears in court to testify the system ,elaborated establishes when our country the police appears in court to testify the system profits from the foreign country to succeed the advanced experience principle, namely cannot, not screen constantly overall absorbs foreign the complete evidence rule .Should all-around inspect the correlation country the evidence cultural context as well as our country to it absorption or the introduction possibility, fully achieves makes foreign things serve China, but is not simply imitates copies verbatim, meanwhile must the evidence culture which already saves to our country carry on the system the analysis and the research, like this can find suits our country national condition and the social demand evidence system.Chapter 5, the author exploratorily proposed some concrete police appear in court to testify the system to construct the design, the concrete procedure as well as the system safeguard measure which specifically includes the police to appear in court the scope and the exceptional situation, the police which testifies appears in court to testify which forms a complete set with these concrete procedures.The police mainly appear in court in the following several kind of situations to testify: 1. police if in the crime scene witnessed delinquent account occurrence, either on the scene captures the crime good manner, either the significant crime suspected person carries on when appears before court , when either the crime good manner voluntarily surrenders to the authorities , then later court in carries on the trial to this case in the process, this police must the crime process which witnessed on him or seize pass through or the interrogation, are appeared in court the document situation to perform to prove.2. police implement when inspection of the scene, the inspection, the search, detains, identifies and so on the activity, even if is there cord which on the scene manufactures, also cannot completely guarantee its content is the real situation reflection, if controls debates both sides to have the question regarding this, the police must appear in court to conduct an inquest, the inspection, the search , detain, identify and so on the activity carry on the process to provide the testimony, in order to is in court verifies these records the authenticity and the validity.3. police through secret detection method gain evidence.4. when necessary, like the defense side really has the objection, or detection behavior itself has the slight defect, the punishment detects the technical personnel to have to appear in court to testify ,to investigates in active the related special question to explain ,like involves the scene investigation the photographic technology, the trace is fixed, the judgment as well as matter witness withdraws, the processing technology and so on.5. if debates the side to declare the crime suspect's oral confession is the police through extortion of confession by torture and so on the illegal method gain, or attorney obtains witness testimony witness testimony which gains with the police has comparatively greatly stems from also judges with difficulty, moreover the above situations can cause judge reasonably to suspect time, the police must appear in court with the accused person as well as correlation witness carry on the confrontation, judges the oral confession and witness testimony authenticity.6.Using"the enticement detection" obtains evidence .Considered the police cannot or appear in court with difficulty some special details which testifies, also may allow the partial police witness in line with the rationality not to appear in court to testify , specifically may divide into the following two kind ofsituations:1. lies the bottom police to be supposed to exempt appears in court totestify.2. controls debates both sides does not have when the objection to the evidence to avoid the police to appear in court to testify the duty .The police appear in court to testify mainly should follow six steps of concrete procedures, namely the police appear in court the start ,the notice, the duty which testifies inform, take an oath, the questioning witnesses and draw back the courtyard .Appears in court to the police to testify the system safeguard to be supposed to carry on from the following two aspects:1. consummations to appear in court the police and its the family member legitimate rights and interests safeguard mechanism whichtestifies.2. perfectly verifies the person to refuse to testify forces themechanism.3. establishes the witness written testimony to take the hearing evidence the restraint mechanism.