A Research On Police Proving The Legality Of Evidence In Court

On the issue of the police appearing in the court,domestic scholars make a useful academic analysis and theoretical exploration that plays a positive role in promoting the progress of the legislation and judiciary.But it too concentrates on the theoretical research,such as legitimacy of the police appearing in the court,testified range and lacks a profound understanding of police testimony.The new criminal procedure law and two rules of evidence have been clearly defined that if the legality of evidence can not be proved by the existing evidence,the court may notify the police appearing in the court.However,a series of theoretical issues must be solved,for instance,how to determine the identity of the police,how to review and judge the police testimony.The paper firstly analyzes the current situation and the necessity of the police appearing in the court,then discusses the identity and the associated issues of police appearing in the court,and put forward the views on reviewing and using the police testimony.The first part discusses the situation and the analysis of police testifying in court.In judicial practice,the police almost do not testify in court and the reasons mainly include the imperfect rules of law,difficult operation,and the lag of ideas.The investigation of the attitude of various organs to police appearing in court at this stage show:the attitude of the judicial circles is not so optimistic ideally,and it needs to deepen the understanding of the new criminal procedure law to make the police appearing in court win the support of the organs in the true sense and it will ensure the effective implementation of the police appearing system.The second part discusses the police necessity of the police appearing in court.Police appearing in court is conductive to have a fair trial and to protect the rights of the accused;to confirm the legality of the investigation procedure and to ensure the realization of the accusation function;to eliminate the privilege ideas of the police and to suppress the illegal evidence collection of the police;to complete the relation of inquisitor and police,and the relation of investigation and adjudication.The third part discusses the identity of the police appearing in court and the associated issues.About the identity of the police appearing in court,the new criminal procedure law does not use the representation of the two rules of evidence,but it changes "testify in court" to"appearing in court to explain the situation".However,police "appearing in court to explain the situation" is essentially to provide oral testimony to the court.Combined with the investigation of the identity of police appearing in court of major countries,it can be concluded that the identity of police appearing in court should be witness.Then,it needs to pay attention to theses issues in the appearing progress:start way,forcing police to appear,perjury issues,security issues related to appearing in court.The fourth part discusses the review and application of the police testimony.The written explanation material can not be determined have the capacity of evidence and it should be reviewed;after it has the capacity of evidence entering the court,it can not be taken as a direct basis of the decision,either.The court should combine other evidence to conduct a comprehensive analysis.The competency of the police’s oral testimony should not be judged separately;the court should combine other evidence,question the police witness if necessary,and ultimately make the judgment whether or not to exclude the illegal evidence.