A Study On Police's Appearance In Court As A Witness In Criminal Proceedings

In order to satisfy the demand penalty crime to better protect human rights in the new period,to adapt to the central about "trial centered" strategy,the reform of the judicial system of our country in 2012,the criminal litigation system of police testifying formally established in the criminal procedure law in the legal category,in 2018 the new "criminal procedural law" article 59,192 to make a provision for the police to testify.This is the first step in the legislation of evidence law in China,which not only enriches the content of evidence law in China,but also guarantees the litigant's litigation rights.The police appear in court to testify,marking our country trial system more and more tends to "trial as the center" draws close.And the police outside the performance of their duties to obtain information about the case,should be ordinary witnesses to testify in court.The author is a grass-roots public security police,combined with their own case in a work experience communicate with related colleagues the policemen discussion,according to the present situation of our country's system of police testifying to investigation and study,analysis of continental law system,Anglo-American law system,the police to testify,draw lessons from its merits,make up for the lack and deficiency of legal system in our country,to better promote the development of the judicial system in our country.In addition,it also studies the theories related to the system of police appearing in court to testify in foreign criminal proceedings,and makes a preliminary analysis on how to improve the system of police appearing in court in China from the aspects of substantive law and procedural law.this paper analyzes the actual situation of the system of the police testifying in court in our country from practice,so as to better solve the conflict and worries of the police in testifying in court.In this paper,the national trial in recent years of criminal litigation police to testify in court system cases and L province C city questionnaire as research samples,the overall implementation of the analysis,through the theory of procedural justice,litigation structure theory and rights and obligations theory to prove the legitimacy of criminal litigation police to testify in court system In the process of summarizing and summarizing the implementation of the system,it is found that there are some deficiencies,such as insufficient force,unclear conditions and insufficient awareness of testifying in court.Based on the specific implementation of the revised criminal procedure law and the relevant cases of testifying in court in work practice,the author finds out the obstacles to the implementation of this system by the public security organs,and comprehensively analyzes the overall situation of the system of police testifying in court in China's criminal litigation,indicating the author'sintention and thoughts in this paper.Finally,the author puts forward some personal Suggestions and ideas,hoping that the system of police testifying in court in criminal proceedings can truly become a conscious behavior from external coercion to normalize the system of police appearing in court to testify in criminal proceedings will help improve the rule of law in China.