The Application Of Policeman Testified In Court System

Police testifying, it is to point to the tri al court investigation process, to undertake acase of the investigation by the prosecution witness identity, in accordance with therelevant laws and regulations, to appear in court, and what I know of the case to thecourt to provide certificate, at the same time accept in court asking the prosecutingand defending parties and t he quality certificate of the legal system.In many countries and regions outside t he legal system, the regulation of the police totestify has a long history and has a wealth of experience with theory and practice. Butin our country’s judicial system, police testifying is not very often. Even though thenew revision of the criminal procedure law has been clear about the police in somecases should appear in court to testify, but there is no denying that the current law onthe regulation of the police to testify system still needs to improve and refine. At thesame time, along with the police in court as the system works in practice, a series ofnew problems, such as the police testimony credibility is low, namely the policecommit perjury legal consequences of the problem.In this paper, first of all, the basic notion of the police to testify, four kinds ofcommon to appear in court, and the police to testify in our country introduces thecommonly used way, mainly from four aspects discusses the necessity of the police totestify, that is good to find out the case truth, exclusion of illegal evidence, carry outstraight after this principle, realization of judicial fairness and justice. Then comparethe countries and regions outside of relevant legal system, analysis contrapose incontinental law system an d Anglo-American law system which under the provisionsof the system of police testifying of the similarities and different points, theconclusion is the two big legal system countries and regions all over t he didn’t ruleout the police as a witness on the theory and practice out of the court to testify, haveset up corresponding system of police testifying. Secondly, elaborated our countrylegislation status quo of the police to testify and the application of the status quo,discusses the police as the card system in the application of some of the problemsexisting in the process, namely, the identity of the police to testify, the conditions andconsequences of the law is not clear, the relationship between the prosecutor andpolice, flow operation type of litigation model restriction system of police testifying,police documents word credibility lo w. Finally, draw lessons from foreign legislative, according to according to the reality of our country, put forward to apply the idea ofsystem of police testifying degree, which specify the identity of the police to testify,conditions, the consequences; Straighten out the relationship between the prosecutorand police, will supp ort public prosecution to testify around into the police dailywork; Change litigation mode, establish "trial center"; The police commit perjury,shall bear the legal consequences and administrative disciplinary action.To sum up, in order to ensure the effective application of the police to testify systemin China, not only need to draw lessons from experience outside the law, more needsto be based on the reality of our country, perfect the relevant legislation, reform thejudicial system, establish the socialist rule of law social...