强制警察作证的正当性起源

Origin of Legitimacy to Force Giving Evidence by Police

强制警察作证具有重要的理论和现实意义。关于强制警察作证的合法性与可行性,学界已经有诸多论著,但对于强制警察作证的正当性,却资料甚少。正当性问题作为合法性与可行性的逻辑起点,如果得不到充分论证,势必影响制度之生命力。从道德、权力、程序、价值四个方面,探讨强制警察作证的正当性。

To force giving evidence by police has important theoretical and practical significance. There exist many researches on its legality and feasibility, but there is little literature about its legitimacy. As the logical starting point of legality and feasibility, its legitimacy should be fully certificated, otherwise it could influence the system＇s life. We should investigate it from the aspects of morality, power, procedure and value.