Research On The System Of Police's Appearing In Court As A Witness In China

In western developed countries, especially in the Anglo American law system, the police to testify in court as a witness has a clear legal provisions, and formed a relatively complete system of police to testify in court. In these countries, the police and other ordinary witness, to swear, testifying and accept the prosecution and the defense of inquiry and other sectors, the police put to the court to provide their own testimony as a should do the duties and obligations. The police testifying concept in these countries has been deeply into the hearts of citizens. However, in the criminal proceedings in the mainland of China, although the police to testify in court, but the police do not appear in court to testify is still quite common, it can be said that the trial activities in a more customary practice. Procedural justice is the soul of the law, to achieve the value of the law of fairness and justice, we must first ensure the realization of procedural justice. After the reform and opening up, especially in recent years, with China to vigorously promote the construction of the rule of law, democracy, fairness and equality of the concept of the rule of law is becoming more and more popular, the procedural justice in the judicial practice into the legal issues of concern. In criminal justice, the parties to the case have the right to equal participation in the litigation, and the court argue against their negative evidence, evidence to support to their advantage, so as to achieve a fair trial results. The police as the case of investigation officers, appear in court as a witness is conducive to reducing the truth, is conducive to safeguarding the defendant's legitimate rights, is conducive to the realization of legal justice." The People's Republic of China Criminal Procedure Law" through the revision of the in March 14,2012 in China. For the first time to expressly provided in the form of clear police have responsibility and obligation to testify in court, this is our country police appearing in court as a witness to the regularization and normalization construction laid a solid legal foundation. But we should also be aware of, our country police's appearing in court as a witness in the initial stage, there are many deficiencies and problems, and it needs us to continue to be explored and summarized, to promote our country police appearing in court as a witness to the increasingly mature and perfect. We can through to foreign police to testify in court system is analyzed and studied, especially of Anglo American and continental law countries police court testimony are analyzed and compared, its essence to its dregs, combined with China's specific national conditions and the advanced experience of absorbing foreign police's appearing in court as a witness, for the police to testify in court the improvement and development of the system put forward constructive suggestions, so as to promote the further improvement of the substantive law and procedural law, and ultimately to promote the construction and development of "rule of law" in China.