Research On The Police Witness System In Our Country

"Procedure is the heart of the law", legal justice realized only by the procedure, or "the realization of the rule of law through the program". With the development of our criminal theory and criminal justice practice, procedural justice (procedural justice) is paid more and more attention and has the equal legal status of important and substantive justice. Procedural justice, the parties involved in court trial rights, fully and effectively is not conducive to one’s own opinion evidence and cross-examine and retorted,"won court trial opportunities". Therefore, the police witness appearing in court to accept the prosecution and defence of the questioning and cross-examination becomes the criminal litigant parties legitimate rights and interests, especially the powerful weapon to defend the right of the defendant, but also the inevitable demand of procedure justice.China’s new criminal procedure law has been officially implemented in2013January, the amended Criminal Procedure Law stipulates the relevant content of the police to testify in court, but the rules are still very principle. In practice, the police rarely procuratorial personnel required to testify in court, the court did not have enough authority and legal basis to inform the police to testify in court, and the defendant. But in some cases, it is necessary to the police to testify in court. This paper is on the theoretical foundation of the police witness system, from the police Anhui Luyang Yang illegal business case to testify in the case of reduction the truth of the case, combined with foreign police witness system, in-depth analysis to establish the police witness system in our country, an idea and the first step to the author.Through the first part of the research on the academic theory and the current legislation of in-depth analysis, the theoretical foundation of the police witness system and the establishment of police witness system on the reform of the judicial system and judicial practice, and its necessity and feasibility, and legal name to the police witnesses "rectification of names".The second part of the combination of China’s current legislation and judicial practice, analysis of China’s legal system, to examine the witness in the problems of witness.Simple investigation and in-depth analysis of the third part of the Anglo-American law system and continental law system countries and regional police witness system, points out that the principle of direct and verbal trial establishment of police witness system and structure of litigation, trial, positive effects and review of the legitimacy of evidence. The fourth part, through the analysis of the three part of the thinking, the author put forward to some ideas and suggestions to solve the problem.A description in the end, the paper referred to the "police", refers only to the management the implementation of various acts of investigation in criminal cases in the criminal police, including prosecutors anti-corruption Department procuratorial organs bear the functions of investigation and the investigation organ assignment were identified by the police..