The Police To Testify System Research

The police testifies, it is to point to in the court case investigation, theinvestigation of cases the prosecution witness to appear in court personnelto identity, and accept the defended control in court to ask andcross-examination.In the western developed countries under the legal system, the policetestifies are common, but in our country at present the criminal justicesystem, the police do not testify before the is a common phenomenon.Therefore, our police to testify in court is both a theory is very rich, is alsoa practical problems need to be solved.This article through to the police on the bear witness to some basicproblems this series, such as police witnesses the basic connotation of thepolice testifies, some JingChaZheng and common witness difference, legalbasis and testifying in court action value, etc.; On the other hand moresystematically compared the other legal system police testifies, police inpursuit of the present situation in our country, and the police are the mainobstacle to testify, and on this basis, then puts forward the police testifiesthe basic idea of the system.The first chapter: police testify before the problems outlined. Brieflyintroduced the police in pursuit of the significance, nature, more policewitnesses and ordinary witnesses, but also points out that the policetestified at the main aim is a procedural facts in special circumstances canalso testified at the real facts.Chapter2: the police in pursuit of the legal basis. The police is notonly testify before the principle of direct verbal trial, hearsay evidence isthe inevitable requirement of rules, and still illegal evidence rule and thepublic security organs of the inherent requirement of special lawsuitfunction. Therefore, the police witnesses in addition to ordinary witnessesto follow the general rules, but also have their own unique theoreticalbasis. Chapter3: the police in pursuit of the lawsuit value. The police totestify in court, to solve the judicial practice in China many of theproblems that exist in, help to straighten out the public security organ andthe judicial system many problems, but also to the defendant the lawfulrights and interests of the safeguard, and thus strengthen police their ownconstruction. Not only has important theoretic value and practical value,and the important value of the rule of law.Chapter4: other legal system police testify before the comparison ofthe system. As the cultural background, legal tradition, value orientation,litigation structure factors, the countries all over the world to witness theprovisions of qualification, there are also some differences. However, bothBritish and American law or civil law, whatever the law there are specialprovisions or no special provisions, whether based on the witness to theidentity of the broad understanding, or based on the witness to the identityof the first understand, whether the prosecutors and the police separationof system, or implement prosecutors and the police integration of system,most countries think, the police have the qualification of the witness, whennecessary, must ask the parties or the judge summoned the police policepolice police police case testifies, accept of two sides are the necessaryinquiries and cross-examination, the police to establish testified at thesystem.Chapter5: the police in pursuit of the current situation analysis. Atpresent, the police do not testify before the is common phenomenon, themain obstacle: the defects in the legislation, the relevant procedure rules isnot perfect, pipelining litigation mode, the influence of the idea of theobstacles and police their own restraints. This article analyzes the causesof the current situation of the reason for this, our country to build thepolice to testify before the system provides some Suggestions.Chapter6: the police testifies the basic idea of the system. Chinatestifies in the construction of the system, must conform to the presentstage of China’s basic national conditions. On this basis, the author putforward the following several aspects mainly the idea: to establish thepolice witnesses of identity, the police testified at the start of the way, the police in pursuit of the range, the police in pursuit of the procedures andthe police after the protection mechanism of witnesses.In short, our police in court system testifies the construction not onlyuse the foreign existing experience, and the country needs to judicial circleof people according to the present stage of our country’s basic conditionslong-term efforts, emancipate the mind and perfecting relevant laws andregulations, the reform of the judicial system, a long way to go.