警察作证义务探析

On Police's Obligation to Testify

在司法实践中,警察在案件发生时了解案情,为案件作鉴定和办理案件了解案情时必须作证。而我国警察作正的情况比较罕见,虽然从立法和理论上可看出警察作证是可行的,但因司法体制、诉讼结构和思想观念的束缚,导致警察作证难以施行。现阶段,警察作证的实务操作应尽快转变观念,为警察作证奠定思想基础;依据我国的实际情况构建阶段性的制度设计。

In judicial cases, police must make clear about cases and testify during case identification when cases take place, however, it is rare to lind deposition made by police in China. While it is feasible for the police to testify either in legislation or in theory, it is hard to put it into practice as it is confined to present juclicial system, litigation and conventional views. Thus, for ideological basis the conventional views about police＇s obligation to testify needs to be changed and a phasal design of this system needs to be constructed in the light of this situation.