| As a system generally established by most countries in the world,the system of police appearing in court is conducive to the identification of the facts of the case,the improvement of the efficiency of the lawsuit and the protection of the legitimate rights of the accused,as well as the improvement of the theory of the structure of the criminal procedure.This system is undoubtedly consistent with our legislative value orientation.In China’s Criminal Procedure Law revised in 2012 for the police to testify in court made clear,but the identity of the witness,witness,witness and witness the provisions of procedure guarantee mechanism and punishment mechanism and so on is not clear,leading to the judicial practice is not in the police to testify in court,to achieve the purpose of legislation system,n the face of the lack of legal provisions,we should improve the system design to give full play to the existence of the advantages of the system.This article summarizes the relevant legal norms and scholars’ opinions on the system of police appearing in court at home and abroad.On the basis of the existing legal provisions of our country,this paper sums up the problems in the construction of the system and the application of the law in our country,and puts forward some perfect suggestions.This article is divided into four parts:the first part analyzes the meaning and basic theory of police testifying in court,and expounds the theoretical basis and value of the system;The second part of the police to testify in the current situation of our country,summarizes the existing problems such as:witness the police in the police to testify in court,witness testimony and scope is not clear,the lack of necessary pre-trial preparation and lack of skills,witness to testify in court security measures and sanctions;The third part from the Anglo American law system of Britain,the United States,Australia and the continental law system of France,Germany and Japan to the police’s testifying rules,compares and analyzes the similarities and differences of the two legal systems about the police’s court appearance system;The fourth part,in view of the problems existing in the system of police appearing in court,according to the specific national conditions of our country,it is necessary to renew the traditional concept of the police appearing in court,clarify the identity and scope of the police appearing in court,strengthen the training of the police appearing in court,perfect the sanction measures and the protection mechanism of the police appearing in court,and improve the police in court to testify.Legal environment and other aspects of the improvement of the system,in order to promote the reform of criminal justice and promote the modernization of legal system to benefit. |
