Police Testify In Court

The police's serving as a witness at court has already become a customary rule in many countries, which can also be regarded as an obligation. But in China, it is very rare. Police's serving at court as a witness first appears in common law countries. Gradually, the mainland countries accept this legal system. These two systems have both similarities and differences. The similarity is that they have the same legislation idea. The Difference is that, the range of the police's serve as a witness at court in common law countries is relatively wide. Through the comparative analysis of the two important legal systems, benefits can be achieved to promote our country's development of criminal lawsuit no matter in theory or in practice.The present situation of police's serving at court as a witness in our country is:it is gradually being accepted, but the system has not yet been established. There are many reasons to this situation:legislative defects, the pipelining criminal litigation mode, the current imperfect police system, etc. At present, our economy develops fast, but legal construction has not fully built. As the judicial environment changes, new situations lay in front of us, especially the cases made in recent years repeatedly reflect the flaw in the judicial system.In order to solve this problem, requiring police to serve as a witness at court become the inevitable trend and establishing corresponding system is extremely urgent, the police serving as a witness at court have become a problem need to be solved in theory and practice. Our country should not only establish the system of police's appearing at court as a witness, but also should establish one fully suited to the condition of our country. The law should stipulate the police's witness qualification, clear the range as a witness, and establish the corresponding sanctions to ensure the smooth implementation of the system. The law should also clear rules and economic compensation of appearing at court as a witness, so as to promote the implementation of the system.This paper consists of four parts, about thirty thousand words.In the first part, the author discusses concept and characteristics of system of police's appearing in court as a witness. The author first explores some advanced concepts in common law and the continental law system, then sketches the situation of the police's not appearing at court as a witness in judicial practice, and finally makes an analysis of the significance of establishing such a valuable system in China.In the second part, the author makes an analysis of the legislative and judicial practice between the common law and continental law system. These two legal systems neither make explicit provisions on police's serving as a witness at court, nor have restrictions for the qualification as a witness. In judicial practice among the countries, there are lots of cases of police's appearing at court as a witness.In the third part, the author carries on an investigation and makes an analysis on the present situation of police's serving at court as a witness. Through questionnaire survey and data analysis, the author summarizes the reasons why police in our country do not want to appear as witness at court as such:defection of the legislation, the dislocation of relevant lawsuit idea and procedure rules, the police's psychological barriers, and so on. Then the paper demonstrates the theory foundation and the feasibility and necessity of establishing the system based on the cases in practice.In the fourth part, the author built the system of police's serving at court as a witness. Based on China's specific conditions and other countries'legislation, the paper puts forward the construction of the system of the police's serving as a witness at court in terms of the identity of the police at court, the result that the police should take on when they disobey the obligation of a witness at a court, the range and exception of the police who serves as a witness, the security mechanism for the police who serves as a witness. Finally, on the present condition of insufficient police, the author designs two related auxiliary systems to reduce the times of the police's appear at court as a witness. The author hopes this paper can theoretically help improve the system of the police serving as a witness at court.