新刑诉法视角下侦查人员出庭作证制度运行现状及思考

The Current Operation of the System for Investigators' Serving as Witness in Court and Considerations from the Perspecive of the New Law of Criminal Procedure

新刑事诉讼法初步确立了我国侦查人员出庭作证制度,这对于贯彻直接言词原则,转变刑事诉讼结构,促进刑事审判方式改革有着重要意义。但该制度在实践运行中出现诸多问题,因此,必须从观念、技术、标准、惩戒、保护等方面做出相应的努力,以健全和完善侦查人员出庭作证制度,实现程序公正,从而保障当事人的合法权益。

The new Law of Criminal Procedure initially lays out the system for the investigators to serve as witness in- courts,which exerts great influence on the implementation of the principle about direct veral proof, on the change of the structure of the criminal procedure, and on the further reform of criminal trial mode. However, despite the fruits, there are a lot of problems arising at the same time. To deal with the situation, it is necessary to make great efforts in such respects as concept,technology, standard, punishment and protection and to improve and better the system for investigators to serve as witness in court, so as to realize the procedural iustice and safeguard the lawful rights and interests of the defendant.