试析我国关于警察出庭作证的立法

On China's Legislation of Permitting Police to Appear in Court as Witnesses

在我国,警察出庭作证十分少见。主要原因是:我国刑事诉讼法对警察的证人资格、作证义务没有做出专门、明确的规定;两大法系国家警察出庭作证的理论依据在我国法律中没有体现或者体现得不充分;传统的证据理论对证人、证言界定过窄。解决这一问题绝非制定一部法律就能一蹴而就,而应加强理论研究,完善相关配套法律,逐步建立起我国的警察出庭作证制度。

In China, police otticers seldom appear in court as witnesses. There are three major reasons： 1） In China＇s criminal law, there＇s no specific and clear provision concerning the police＇s qualification as witnesses and their duties of testification; 2） The theoretical basis for police to be witnesses in the two great law systems has not been embodied in China＇s law, or at least not enough~ 3） Traditional theories of testification have only made a narrow definition of witness and testimony. To solve this issue properly, one new law is not enough. Instead, more theoretical and systematical efforts are needed.