Research On The Problem Of The Police To Testify In Court

In the western developed countries, especially in the Anglo-American law systemcountries, the police to testify in court is a very common phenomenon, the police as well asother common witness oaths, to testify, accepts the inquiry from parties, treating testify astheir responsibility and obligation, even the police appearing in court as a witness in thesecountries barely a problem. But if we look at the criminal proceedings in China, the police donot testify in court has become a kind of normal, as the witnesses of many substantive factsand procedural facts, in the process of trial, whether the police should be called to testify, nomatter in the theoretical field or judicial practicing has never been challenged until1996,criminal court reforms, it gradually climbed into the Chinese judicial system reform stage. Asthe year2012, the provisions of the criminal procedure law in China, the value of the policeto testify in court became more and more prominent. It is not only for the benefit of the lawproperly applied, improving the efficiency of the lawsuit, helping to achieve illegal evidenceexclusion, protection of the defendant’s legitimate rights, and promoting judicial justice, butalso has the vital significance on the promotion of the criminal procedure structurereconstruction. Therefore, in both the legal and the judicial practice, the police to testify incourt system have attracted more and more attention, and also a number of police officerstestify in court cases began to appear in the court proceedings. Despite the current legalenvironment as well as the litigation system in China have many realistic factors hinderingpolice’s appearing in court as a witness,(for example, the influence of the traditional ideas,the restriction of lawsuit structure, legislation is not reasonable, the lack of evidence rules),but, as long as we proceed from China’s concrete national condition, establishing a system oflaws and regulations that meets its development needs, the police to testify in court system inour country really play its proper role that day which will be just around the corner.