On The System Of Testimony Of Police In China

Evidence system that it is the basic system of criminal procedure, is critical to ensure the quality of the case and to correct conviction sentencing. New guided by the concept of socialist rule of law, criminal procedure law to carry out the central deployment on reform of the judicial system, adapting to punish crime and protect the needs of the people under the new situation, to further strengthen and perfect the evidence system in our country, for the first time, established the system of police testifying. This is our evidence system innovation and breakthrough in legislation, become the hot spot in the study of law theory and judicial practice. Based on the new revised criminal procedure law as the background, to collect all of the police to testify on the basis of the54typical cases, adopt the method of empirical analysis, firstly analyzed the present situation of the police to testify on the basis of the theoretical basis of the police to testify from two major legal systems of comparative analysis, illustrates the theoretical basis for the police to testify system in China, and then the contents of the elements for police to testify system has carried on the theoretical analysis, finally put forward a sound system of the police to testify in our country’s legislative ideas.This article have three parts that are introduction, text and epilogue. The introduction part mainly expounds that the present situation of the system of police testifying and the related theoretical research and judicial practice in our country, at the same time, to indicate the purpose of the author writing articles、thinking and writing methods. The paper wholly researchs or analyzes the general idea of the police to testify system in China for the according to the new law and by means of empirical study.Text includes four parts:The first discusses the status quo of the police to testify. In this part, the seven characters of the police to testify in, certification, nature of the case, to appear in court to testify type effect are summarized, based on the new criminal procedure law and combined with the judicial practice of54typical cases. At the same time also pointed out that the new system exist in the operation process of theory and real problem, fan out from point to area, empirical analysis, outline clear outline of China’s the police court system status.In the second, from the countries of Anglo American law system and continental law system of police testifying at the different point of view, the Anglo American law system of police testifying for the legal cause normal, Continental cautious acceptance are analyzed comprehensively. After combining the characteristics China criminal justice, on the Chinese police testifying in court system of theoretical consideration, to further clarify the basis and value goal of the establishment of the system. In the third, The police to testify in court system theory dispute involving content factor analyses. This section from the police can appear in court, in what capacity, particularity, where the nature of the burden of proof, to testify in court and police than content elements, further clarified the theoretical confusion, in the full implementation of this system has laid a solid theoretical foundation.The Fourth parts mainly improves the police to testify in court system’s construction of legislation. This part expounds the five aspects:One is the police to testify in court as a witness; Two is the specific circumstances of refining the police testifying; Three is the concrete procedure specification police’s appearing in court as a witness; Four is the establishment of safeguard mechanism of police’s appearing in court as a witness; Five is to strengthen the training of the police to testify in court, to make clear to the Ministry of public security, the form of administrative regulations, The formulation of the national《the investigators, the public security organ testimony" draft regulations》, On the perfection of the police to testify in court system made more comprehensive provisions. In its conclusion, The author on the perfection of the police to testify in court system has great enthusiasm, And with the convening of the4th session of the18th conference of cpc. The rule of law will be further advance. under the joint efforts of the law and judicial practice field. The police to testify in court system will play a more important role in China’s criminal legislation and judicial practice.