行政与刑事诉讼中警察出庭作证制度比较研究

Comparative Investigation into the System of Police Serving as a Witness at Court in Administrative Action and Criminal Action

警察能否以其特殊的职业身份出庭作证一直都是存在争议的问题。从实践层面看,警察出庭作证对查清案件事实无疑具有积极的意义;但从理论层面看,警察出庭作证还存在许多障碍。因此,对行政诉讼法与刑事诉讼法中的警察作证制度进行比较,从而科学地建立和完善警察出庭作证制度,以最大限度地实现警察出庭作证的诉讼价值。

Whether the police can serve as a witness at court is a question at issue. Police serving as a witness at court plays a positive role in finding out the truth of the case in practice. However, there are still some obstacles for police serving as a witness at court in theory. So we should compare the system of police serving as a witness at court in administrative action with the one in criminal, erect and perfect the system of police serving as a witness at court in order to realize its maximum value of procedure.