Research On The System Of Police Witness

It is a very prevalent phenomenon that the police testify appear in court among in countries of Anglo-American with the law system.Recently in our country, the police who testify appear in court which is not only a concerned problems in the aspect of theoretical theory, but also an urgently practice topic to be solved in the future.With the deeply judicial reform, the value of the police who testify appear in court which has been gradually prominent?obviously. Therefore, the problem of the police who testify appear in court which is also received more and more attention both in the aspects of theory horizon and judicial circle.The paper which is based on the reflection in Chinese criminal judicial theory and practical problem. On the one hand, some essential problems was systematic described for the police who testify appear in court,for example, the nature of the police who testify appear in court and the foundation of theory or value which is used among the police who testify appear in court,etc. On the other hand, for the relations of testified system between the police and witnesses, the police who testify appear in court that makes the preliminary discussion in the present situation and facing the obstacles in China. At the same time, on this basis of conception system, the police have finished it perfectly.The first chapter: The theory and practice which was used for the police who testify appear in court. Due to the different influences among the factors ,such as, cultural background, legal tradition, value orientation, litigation structure, for the world of witness which exist certain difference qualifications. However, either the Anglo-American law or continental law system, most countries have obligations to recognized the police who testify appear in court, and under the necessary conditions , they have set up the related police testifies system. The second chapter: The nature of the police who testify appear in court. They analyzed and rebuttal the main ideas that against the qualification of police witness in our country. The police should be used as a witness identity testifies appear in court. Through the analysis of the police and the difference ordinary witness, so draw a conclusion of the characteristic of the system.The third chapter: The basic theoretical and value of the police who testify appear in court. Besides, following a fair trial as witnesses, direct the principle of verbal trial or hearsay rules, and the illegal evidence elimination rule and special rules of inspection relationship or the police who testify appear in court that brings theory, practical and legal value.The forth chapter : Analysis the present situation and reason for the police who testify appear in court . At present, although our judicial practice exist individual the police who testify appear in court, as a whole , it is still an insurmountable penalty area that the police who testify appear in court in our country. There are two factors affect Chinese police who testify appear in court,that is, defect the law of legislative, the influence of the tradition culture, criminal litigation purposes and structure of the restriction, the lack of evidence institution.The fifth chapter: Establish Chinese system conception of police who testify appear in court. The article mainly draws some ideas from the following aspects: such as, solve the conflict between the identity of the police witness and the common identity of witness, establish the cross-examination and procedures equally with two kind of important entities, design the police who violates the consequences, the scope and exception of the police who testify appear in court, clarify the subject of the application or decided the police who testify appear in court, immunity of the police who testify appear in court and security system of the police who testify appear in court.