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Police Testify In Court System

Posted on:2008-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
GTID:2206360245476201Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The system of policemen's appearing in court as a witness originated from American and English Clique. Based on the analysis of these two systems' theory and practice, this passage proves that China learns from other countries in the process of development of the justice. According to the comparison, it is conducive to the development of China' theory and practice.Compared with policemen witnesses and general witnesses, the specialist witnesses from American and English clique, policemen are official and afterwards natrual, also they have the characteristic of content tendency procedure and retro-activeness. But they have no the speciality like the specialist witnesses. According to the method of value analyzes we can get a conclusion that the cause of this system is the result of the value balance, which is of validity.The establishment of the system of policemen's appearing in court to testify has many advantages, it can be conductive to the rightful use in the law and realize the removement for the illegal evidence, also it can improve the lawsuit efficency and judicial fairness ,ensure the accused person of the legal right. It is of much importance to the improve teh criminal prosecution reconstruction.In China the influence of the traditional thought, the restriction of lawsuit construction , unreasonable legislation the absence of the evidence construction have been the obstacle of the set of system of policemen's appearing in court as a witness. But the set of the system is necessary and feasible.In view to the natural condition, the policemen do not need to attend in every case. It has some restrictions for police witness. It should make rules for the set of police's appearing in court as a witness. So we should overcome wrong thought, adjust the lawsuit construction, consummate the evidence rule and construct the necessary measures.
Keywords/Search Tags:police's appearing in court as a witness, cross-examination, necessity, feasibility, measures
PDF Full Text Request
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