Research On The Police's Testimony System

The 2012 Criminal Procedure Law was promulgated,which clearly stipulated the police testimony system as a investigator.The revision of this departmental law means that the police testimony system has been basically established in China.Although there have been some sporadic pilot areas in the previous judicial practice,it is difficult to promote it in real life because of the lack of clear evidence in the theoretical circle.Although the current status of the implementation of the police testimony system in China is not optimistic,we can be sure that it is of great significance to study this system from both the practical level and the theoretical level.First of all,in theory,the police testimony system has a profound theoretical basis,requiring the police to testify in an oral manner and accept questions and inquiries from both the prosecution and the defense.This behavior reflects the principle of direct speech.The direct impact on the implementation of the principle of direct speech is to make the trial play a more decisive role in the handling of the case.It can be concluded that the study of this system is conducive to the realization of the sub stantiveity of the trial.From a practical perspective,the study of this system is conducive to regulating the police's investigation and evidence collection in daily work,and improving the quality and efficiency of the judge's trial.This article mainly includes four parts.The first part introduces the concept of the police testimony system,and discusses it from three aspects:concept definition,theoretical basis and value analysis.The second part is the analysis and research of the police appearance system in the developed countries outside the rule of law,in order to learn from its mature development experience.The third part mainly introduces the current legislative status and judicial status of this system in China and some obstacles in the implementation process.The fourth part mainly proposes some solutions to some problems existing in the process of the development of the police in court.For example,the principles and scope of the system are clearly applied,and the punitive measures are applied to the police who fail to perform their testimony.The right of the police to prove in certain circumstances and so on.China's current Criminal Procedure Law clearly stipulates the police's testimony system.There are two situations in which the police appear in court to testify:one is that the police testify in court about the facts that they accidentally witnessed in the course of handling the case.In this case,the identity of the police is the same as that of ordinary witnesses.The other is that the police made statements about their legality and justification in the investigation of the case and the process of interrogation and evidence collection.It is undeniable that due to the particularity of his identity,the police can often directly witness the process of the case and have direct access to the first-hand evidence Under the current trend of deepening judicial reform,building a country under the rule of law,and a society ruled by law,evidence plays a decisive role in maintaining"judicial justice" and achieving social fairness and justice.Because whether it is in the investigation and prosecution of the case or the trial,the handling of the case must be supported by evidence materials,and the case cannot be handled only by subjective speculation.Because of the special nature of their status,the police can often directly participate in law enforcement and judicial activities.Therefore,more prima facie evidence materials can be accessed,which can help other judicial organs to understand the case more comprehensively,to more accurately convict sentencing,and to give the parties to the case a more just judgment.Undoubtedly,the police's testimony in court plays a key role in understanding the facts of the case and achieving procedural justice In some countries with relatively perfect legal systems,the police have been fairly standardized in the court testimony system.However,due to the short development process of the procedural law in China,the relevant norms are not perfect enough Although Article 57 of the current Criminal Procedure Law of China has made clear provisions for police to testify in court for the first time.However,in this law,it only stipulates certain situations in which the police need to testify in court,but how to accurately define the situation in which the police need to testify in court and how to solve the reality that the police are guilty of giving evidence in court.Such problems have not been issued corresponding operational norms,thus making the law clearly stipulated in this system,but in the actual judicial practice,the implementation effect of this system is not ideal,therefore,this article aims to pass this The background,meaning of the system,comparison with other developed countries'relevant systems,and obstacles encountered in the implementation process are studied.Some targeted suggestions are proposed to improve the implementation of this system in China.The status quo,the goal of the judicial reform of"sub stantial trial".