The Perfection Of Police Court Testimony System

The system of police testimony is very common in the world.In China,the amendment of the Criminal Procedure Law in 2013 provides a legal basis for the system of police demonstrations in China.Article 57 of the Code of Criminal Procedure and Article 187 stipulate that the police will testify in court.From the provisions of the law,we can conclude that the police court testimony is divided into two cases: one is to prove that the investigation process and the investigation is legal,the premise of the prosecution and defense of the legitimacy of evidence Questioned,or the judge felt the need for the police to testify when the court,notify the police to testify or explain the situation.At this time the police testified to be procedural testimony.The other is the police in the course of performing their duties to witness the occurrence of the case,in view of the police have irreplaceable experience,this time when the police testify,the case of the facts of the conviction and sentencing facts to testify.The provisions of the Criminal Procedure Law in 2013 to testify in court is a major step forward in China's witness system.But from the police to testify the system in the actual operation of the operation point of view,to make the police really take steps to court to testify also need long-term efforts.From the international point of view,Anglo-American law countries and most civil law countries,the police testimony is very common situation,and the police court testimony for the timely trial of the case,the validity of the evidence to do a valid proof,both Help to identify the case,but also conducive to saving judicial efficiency.The most typical representatives of Anglo-American countries,the United Kingdom,the United States is an example.They set up a trial-centered trial model,hearsay evidence rules,the principle of cross-inquiry,and the tectonic pattern of integrated police,coupled with clear and specific,mature legal provisions,comprehensive start-up procedures,these systems are for the police to appear Testify to provide support.In our country,the case of the court as the center of the trial habits,to detect as the center to the trial as the center of the trial mode transition stage,the separation of police seizure,the relationship between the construction of public security law,and not fully established hearsay evidence rule,The principle of inquiry,the relevant laws and regulations are not specific and imperfect,have led to the emergence of our police court to testify that there are native natural barriers to the original,resulting in the police in court to testify is not optimistic.How to explore the theory and practice in China is more conducive to the testimony of the police in China,is the development of the rule of law in China and the trend.This paper puts forward the existing problems from the present situation of the police in China,puts forward the existing problems and analyzes the problems in depth,and puts forward the corresponding solutions.