警察出庭作证的几个前提条件辨析

警察出庭作证,必须有三个前提性的条件:警察具有证人资格、完善的非法证据排除规则和直接言词原则或传闻证据规则。我国警察虽然在法律上有证人资格,但缺乏完善的非法证据排除规则和直接言词原则。因此,如要在我国确立警察出庭作证制度并使其有效运作,还需完善我国的非法证据排除规则,在刑事诉讼中真正确立起直接言词原则。

Analysis of Some Preconditions about Polices Testifying before the Judges

There must be three preconditions before the polices go to the court and testify, which are the police having the qualifications of witness, the perfect exclusive rules of illegal evidences and the principle of direct and oral trial or the rule of hearsay. In China, the police have the qualifications of witness, but there have no perfect exclusive rules of illegal evidences and the principle of direct and oral trial. For the establishing of the system of polices testifying in the courts and making it run availably, we should perfect the exclusive rules of illegal evidences and establish the principle of direct and oral trial really and truly in the criminal procedures.