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The Police Appear In Court To Testify In The Context Of The Trial As The Center

Posted on:2019-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330563456456Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The trial-centered reform of the litigation system is a concrete measure to further deepen the rule of law in a comprehensive manner,which is essentially to achieve judicial justice.With regarding the trial as the center,the police appear in court testifying whether the investigation can stand the test of law.Reforming and perfecting the police testifying in court will help to improve the system of the witness and the appraiser testifying in court.However,there are still many unsuitable issues,which is mainly manifested in the controversy over the identity of the police in court;the relevant laws are lack of pertinence and maneuverability;the situation and legal consequences of the police not appearing in court are ambiguous;the out-of-court verification procedure of the confidential evidence is not detailed;and police power has crisis.In order to solve the problems,this article analyzes the police's appearance,the existing major problems,and proposes measures.The paper is divided into six parts: The first part summarizes the interpretation of “Taking the trial as the center”to explore the significance,circumstances,development,and related regulations of the police testifying in court.The second part deals with the theory of Criminal Procedural Law involving the police testifying in court.The third part combines the court judgment documents to conduct an empirical study of 118 cases involving police testifying in court,focusing on the current situation of police testifying.The fourth part mainly analyzes the problem of the presence of police testifying in court.Through comparative methods,there are five problems,identity disputes;lack of maneuverability in the system;unclear borders for police officers not testifying in court;the out-of-court verification procedure of the confidential evidence is not detailed;and police power crisis.The fifth part mainly proposes corresponding reforms and perfect measures and suggestions for the problems.The sixth part summarizes the conclusion.It is recommended to establish and improve specific rules for the police testifying,and the police should be added to the court testifying for fault tolerance in addition to intentional or gross negligence,and encourage police testifying in court.It is suggested that the court only conduct formal examinations,cancel substantive examinations,and increase the police's rate of testifying in court.
Keywords/Search Tags:taking the trial as the center, police testifying in court, empirical research, cases, the confidential evidence
PDF Full Text Request
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