论文部分内容阅读
警察作证,接受控辩双方的询问,是当今世界上绝大多数国家立法要求警察承担的一项义务,也是其司法实践中司空见惯的现实。在我国确立警察出庭作证制度有利于法律的正确适用,有助于实现非法证据排除,保障被告人的合法权利,促使司法公平与公正,对于促进刑事诉讼构造重构也是有重要意义。但是,目前国内警察以证人身份出席法庭作证尚缺乏理论,观念等多方面的足够支撑。鉴于此,似乎可以从国外警察作证制度现状的观察入手,结合本国现状,在理论上探究其深层原因、论证确立警察作证制度的合理性,并在此基础上提出当前构建警察作证制度的若干建议。
Testifying by the police and accepting interrogation by both prosecutors and defenders is an obligation that the vast majority of countries in the world legislate to demand from the police and the common reality in their judicial practice. The establishment of a police testifying system in our country is conducive to the correct application of the law, helps to eliminate illegal evidence, protects the defendant’s legal rights and promotes judicial fairness and justice. It is also of great significance to promote reconstruction of criminal proceedings. However, at present, there is still a lack of theory and notion of sufficient support for domestic police officers to attend court as witnesses. In view of this, it seems that we can start with the observation of the present situation of the police testimony system in foreign countries, explore its underlying causes in theory and establish the rationality of the police testimony system based on the current situation of our country, and on this basis put forward some suggestions on how to establish the system of police testimony .