中美警察出庭作证制度比较研究

A Comparative Study on the System of Chinese and American Police Serving as a Witness at Court

警察出庭作证作为我国司法诉讼的重要环节,是实现控辩平等、审判公平的重要途径。美国在警察出庭作证方面的法律法规较为完善,从警察出庭前期精心准备,到出庭时着装、行为、态度、证言等都进行了严格约束,并明确了作证责任。在借鉴美国警察出庭作证制度的基础上,中国警察出庭作证制度需要从身份确定、作证范围、责任细化及落实豁免四方面来完善,形成良好的警察出庭作证氛围。

The police serving as a witness at court is an important part of the judicial proceedings in our country, which is a significant approach to achieve the equality of defendant and a fair trial. The laws and regulations of police serving as a witness at court is relatively perfect in United States, from the police early prepared to appear in court, to appear in court dress, behavior, attitude, testimony to the strict constraints, and clear the testifying responsibility. On the basis of the system of police testifying in U.S, the Chinese police testifying system need to be optimized from the identity, testifying range, responsibility to refine and implement exemption four aspects to improve, to form a good atmosphere of the police testifying system.