Research On The System Of The Police To Testify In Court

Before the revision of the criminal procedure law in 2012,there were trials of police testifying in China,and the promulgation of the new law gives the police a clear legal basis to testify the system,which marks the establishment of the system.The system of police testifying in court has its theoretical basis and value.It reflects the principle of direct words and the exclusion of illegal evidence,and it is necessary to carry out the reform of judicial centralism in our country.At the same time,the police appear in court to testify in favor of the substantive justice and procedural justice of the case,which is conducive to the improvement of litigation efficiency.Therefore,it is of great significance to study the system of police testifying system in China.First of all,this paper analyzes the concept of police testifying system,and probes into the development and perfection of the system,and then explores the significance and value of the system in China.Secondly,the specific provisions of the foreign system were investigated.Compared with foreign countries,whether in Britain,the United States as a representative of Anglo-American law system countries,or represented by Germany,France,Japan or mainland legal system countries,to testify is a very important job of criminal police,the police to testify system in these countries appeared earlier and therefore has a complete and systematic law,give a good reference for our country.Thirdly,based on the present situation of legislation and judicial situation in China,this paper analyzes the causes of the present situation of police testifying system in court,and then explores how to develop the system in China.This system in our country is still in its infancy and there are many problems.The main reasons for the current situation of the system are as follows:lack of legislation,for example,the identity of police officers who testify in court is not clear,there are no definite punishment measures for police misconduct,the security measures for police to testify in court are not perfect,and the scope of police to testify in court is small and so on;at the same time,our country lacks the training for the police;moreover,the traditional concept of litigation and the mode of litigation restrict the police to testify in court and the lack of the rules of evidence and rules in China.Finally,the article summarizes the advantages of foreign system of police testifying in the judicial practice in our country and the problems existing in the previous research results,the development of the system of police testifying perfect provides the following idea:perfecting the legislation;to clarify the identity of police officers who testify in court,to clarify punishment measures for police misconduct,to improve security measures for police to testify in court,and to expand the scope of police testimony in court;strengthen the training of the police;change the mind and get over the idea of privilege;improve the principles of evidence and so on.