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A Study On Police Testify In Court System

Posted on:2012-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:G F LiFull Text:PDF
GTID:2216330368494975Subject:Law
Abstract/Summary:PDF Full Text Request
Police testify in court appeared in Anglo-American law system firstly, then continental law system countries learned from this legal system and accepted it gradually.Police testify in court have the same point and also have differences in the two law schools. Their same point is that evidence legislation have the same concept, laws provided the police have the obligations to testify in court, the police are the assistants of prosecutors. The difference is that the police testify in court has a relatively wider and higher range in Anglo-American law system. Through the comparison and analysis of the police testify in court of the two law schools, we can achieve the purpose of finding reference and studying, so it play a useful role in promoting the development of our country's criminal lawsuit in both theory and practice.The current situation of police testify in court of our country is that it has not yet been widely accepted, and has not been established. The police testify in court are very rare. It has many causes:the defects in the legislation made it became water without a source, and a tree without roots; assembly-line style patterns of criminal lawsuit is not easy to break for founding police testify in court; privileged consciousness, thinking of official position, afraid of trouble, fear and shame and many other traditional concepts are the mental barriers; The existing system is not perfect police system is our police to testify can not be successfully carried out by objective factors.Police testify in court system has a profound theoretical basis. Police and inspection relationship has one theory, exclusionary rule of obtained illegally evidence, the principle of direct verbal trial and exclusion of hearsay evidence, all of them are the theoretical foundation for the police to testify in court system. The value of police testify in the lawsuit system including entity value and suit value.The police testify in court can protect the defendants' legal rights are not been infringed; to help to find out the illegal crime facts; to help protect innocent citizens from prosecuted; to help criminals acknowledge their sentences are fair from the heart; to help to improve the efficiency of the judiciary; to help the protection of human rights and promote judicial justice.China has the need and the reality to establish the system. The witnesses identity of police is irreplaceable, the principle of direct verbal evidence, the exclusionary rule, and many other requirements of the modern rules of criminal lawsuit made it be a necessity. China is facing reconstruction of criminal lawsuit, to promote witnesses to testify positively, to contain frequency appearance of torture and illegal taking of evidence and other practical needs in our country, to make the police testify in court more pragmatic.Our country should not only establish police testify in court system, but also establish a complete one, which is fully suited to the condition of China. The law must have rules that police should have a witness qualification in order to clear away the obstacles for police to take part in the testimony. The scope of the testimony and the initial procedures should be clear. And we should establish the corresponding sanctions to punish police who do not obey their obligations to testify so that the system would be carried out successfully. The law should be clear that police do not have to testify in all cases, they have the right to refuse under certain circumstance. The law should also be clear about the economic compensations if police take part in the testimony in order to promote the police testify in court system to be carried out completely.
Keywords/Search Tags:criminal lawsuit, testify in court, police testify
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