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On The Perfection Of The Police Testimony System In Court

Posted on:2019-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:J HuFull Text:PDF
GTID:2416330566474724Subject:Law
Abstract/Summary:PDF Full Text Request
Legally,thepolice should testify the reality of the case as a witness in accordance with the requirement of both prosecution and defense,then face confrontation,allowing the judges to figure out the truth.It is of great practical significance for the police to testify in court,which conforms to the principles on modern nomocracyof direct speech,procedural justice and human rights protection,in realizing judicial justice,strengthening human rights protection and suppressingtorture.The new Criminal Procedure Lawamended in our country in 2012 first stipulated the system of police testifying at the legal level.Although the establishment of the system ends the argument whether the policetestifying in our countryis in conformity with the law or not over the years,yet the system of police testifying doesn't work well in judicial practice,prevailing the issues like low attendance,formulaic symptoms,hasn't yet formed a set of effective operating mechanism.The causes of the poor performing ofpolice testifying system in our country are multidimensional,embodied in our country's unsolved identity of police testifying in law and practice;therange of the presence of police still being too narrow and vague;the lack of regulation on failing to fulfill obligations and bearing responsibilities;the lack of corresponding testifying safeguard mechanism;the deficiency of construction on police testifying procedure;the incompleteness of evaluation system;the deficiency of police testifying technique and other subjective and objective obstacles.In order to solve the issues restricting our police to testify,it should definethe status of the police and testifying scope in court clearly,specify rights(not identical with ordinary witnesses),obligations and legal consequences;improve the supporting court testifying safeguard mechanism and elaborate the court procedure;reform the evaluation on court evaluation mechanism and initiate the testifying of the police;strengthen the training to the investigators on court knowledge and improve the level of legalizing investigation.
Keywords/Search Tags:Police testify, Witness identification, Criminal proceedings, Human rights guarantees
PDF Full Text Request
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