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人民警察出庭作证是当前刑事诉讼法学尤其是刑事证据学研究的热点之一,相关研究为数不少且主要侧重于制度建设方面的研究,而对于人民警察出庭作证尤其是刑事案件中公安机关人民警察出庭作证的基础性、原则性问题即正当性、合法性和必要性的分析还欠充分,这样就使得关于人民警察出庭作证的制度研究脚跟不稳。工欲善其事,必先利其器。只有把这几个原则性问题研究清楚、透彻、明白,才能为以后的制度发展和建设立好根本。
The testimony of people’s police in court is one of the hot spots in current criminal procedure jurisprudence, especially criminal evidence research. There are quite a few related researches and mainly focuses on the research of institution construction. However, for people’s police to testify in court, especially in the criminal cases, The basic and the preliminary analysis of the legitimacy, legality and necessity of the attending court testifies to the inadequacies of the analysis of the system on which the People’s Police is to testify in court. Workers want good things, must first sharpen. Only by clearly and thoroughly studying these principles can we understand that we can lay the foundations for the future development and construction of the system.