警察证人出庭制度研究  

Research on the System of Police Witness Appearances

作　　者：葛高兴 

机构地区：[1]上海政法学院法律学院,上海

出　　处：《争议解决》2024年第3期170-176,共7页Dispute Settlement

摘　　要：在目前的法律界,对于警察能不能作为证人出庭作证一直存在争议。但是这个争议往往是存在于大陆法系国家,在英美法系国家,警察出庭作证有了明确的法律规定,认为警察有义务并且有责任与其他证人一样,在法庭上进行宣誓作证。但是在大陆法系国家,虽然已经出现了对于警察出庭作证的相关法律规定,但是在我国各地实际应用上,警察不出庭作证仍然是相当普遍的,这不仅仅是监管力度不到位的原因,也有执法机关与司法机关的身份问题、警察对于自身定位尚不清晰等等的原因。自改革开放以来,我国一直大力推动法治建设,让审判逐渐从封闭变得公开,从隐蔽变得透明,使得双方当事人的地位变得平等。警察作为侦查人员,第一手接触案件有关事实,他们出庭作证有利于还原事实真相,维护当事人的合法权益,在舆论或者道义的角度上,可以还被告一个清白,为实现实体正义保驾护航。In the current legal community, there is a debate about whether a police officer can testify as a witness. However, this dispute often exists in civil law countries. In common law countries, there are clear legal provisions for the police to testify in court, which believe that the police have the obligation and responsibility to testify under oath in court just like other witnesses. But in continental law system countries, though, has appeared for police to testify in relevant laws and regulations, but in the practical application of our country, the police not to appear in court to testify is still quite common, it is not only the cause of the regulation does not reach the designated position, also has the status of the law enforcement and the judicial authority, the police in their positioning is not clear, and so on. Since the reform and opening up, China has been vigorously promoting the construction of the rule of law, gradually turning the trial from closed to open, from hidden to transparent, so that the status of both parties becomes equal. As investigators, the police have first-hand access to the facts related to the case. Their testifying in court is conducive to restoring the truth and safeguarding the legitimate rights and interests of the parties. From the perspective of public opinion or morality, the accused can be exonerated, thus protecting the realization of substantive justice.

关 键 词：刑事证人 警察证人制度 实体正义 

分 类 号：D92[政治法律—法学]