Research On The Problems And Countermeasures Of Police Testifying In Court

Police in criminal lawsuit to testify is a regulation of the police power and credibility to restore the important path of the police,in common law countries,the police to testify is an extremely common thing,although the civil law countries some police officers to testify to the imperfection of the system,but also will have the police to testify system used in the criminal proceedings.Before the promulgation of the new criminal procedure law,the probability of police testifying in the trial of criminal cases in China was very small.In 2012,the criminal procedure law defined the system of people's police testifying in court in the form of legislation for the first time,which provided legal basis for the reasonableness of police testifying in court,greatly promoted the implementation of the principle of direct speech and the reform of China's "trial centered" litigation system.However,because the new regulations are too simplistic,there is no clear answer as to the identity of the police,the size of their testimony and so on.In China's judicial practice,the police testifying system in court still faces many theoretical difficulties and practical difficulties in the concrete implementation process,and has not brought into play the expected effects of the legislation.Therefore,it is necessary to strengthen the research on the problems and countermeasures of police testifying in court to consolidate the theoretical basis of police testifying in court and solve the operational problems in judicial practice.After the amendment of the criminal procedure law in 2012,the police's testimony in court changed from the occasional in the past to a gradually normalized procedural mechanism,which closely linked the police with both sides of the prosecution and the judgment result of the case,and played a positive role in maintaining the substantive and procedural justice of the case.Judging from the current practice,the practice of police testifying in court is still quite beneficial.However,in China's current judicial practice,the police around the initiative to testify in court is still relatively rare.Often faced with "the police do not want to appear in court" and "the police will not appear in court" difficult problems.Based on typical cases,this paper analyzes and summarizes the problems existing in China's police testifying system in court,and puts forward the police testifying rules that are in line with China's judicial environment by referring to overseas legislation and practical experience.In addition to the introduction and summary,the text is divided into six parts,totaling more than 30,000 words.The first is the introduction.It provides some practical basis for the study of this paper.This paper summarizes the relevant research at home and abroad,lays the theoretical foundation of this paper,and then explains the research methods of this paper,on this basis,puts forward theinnovation of this paper.The first part is an overview of police testimony in court.From a theoretical perspective,From the connotation of the police testifying in court,the theoretical basis of the police testifying in court,the significance of the police testifying in court and the evolution of the police testifying in court system in China.The second part is the practice and development of our police testifying in court.This paper analyzes the typical cases before and after the promulgation of China's criminal procedure law in2012,and at the same time analyzes the status quo of local police testifying in court.The third part is to analyze the problems of police testifying in court.Combination of theory and judicial practice,summed up the following questions: the police,the courts to the low initiative will testify to the police agency activities brings forward the implementation of effective judicial control,the court notice "the books written material" contempt "police to testify,the police witness identity" controversial,scope of police testifying general testify,the police have difficulty in actual operation,and the police to testify legal responsibility not clear.The fourth part is the analysis of the specific reasons for the problems of the police testifying in court.The reasons are mainly caused by the police itself and security factors,legislative deficiencies,constraints on the structure of criminal proceedings,the lack of evidence rules,and the lack of communication and coordination mechanism.The fifth part is the practice and revelation of the testimony in court.This paper compares the legislation and practical experience of national police in common law system and civil law system to provide reference for the construction of the system.The sixth part is the suggestion of perfecting our police testifying system.From strengthening the construction of police and security,straighten out the relationship between the courts,the clear police identity,clear testimony of witnesses who testified forms,relative to expand the scope of the police to testify and clear its execution of exception and set up a communication and coordination mechanism and perfect the measures of the police refused to testify in seven aspects put forward the solution of the targeted measures,to promote the police to testify has certain practical significance.The summary section is a summary of the whole paper.The system of police testifying in court needs to be improved continuously,and the present situation of "difficult to appear in court" of police will continue to exist in practice.With the deepening of China's judicial reform,the status of "police unwilling to appear in court" and "police will not appear in court" will certainly be improved,and the police witness system with Chinese characteristics will be set out in the near future.