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我国刑事诉讼法建立起了类似于当事人主义的控辩式诉讼模式,努力构建相衡对抗的庭审机制,将庭审举证权归位于控辩双方,这无疑有助于客观公正地处理案件。然而,警察(本文仅将公安机关负责案件侦查的警察纳人研究视野)出庭作证却遇到各种障碍,这一状况与诉讼制度设计的初衷相去甚远,也极大地妨碍了司法公正、效率等价值目标的实现。
The Criminal Procedure Law of our country has established a prosecutorial-style litigation mode similar to that of the parties and has tried its best to establish a trial mechanism that is balanced and confrontational. It is imperative to handle the case objectively and impartially by placing the right of trial in court on both the prosecution and the defense. However, the police (in this paper, only investigating the police responsible for the investigation of the case by the public security organs into the research field of view) have encountered various obstacles in their court testimony. This situation is far from the original intention of the litigation system design and has greatly hindered the judicial fairness and efficiency The realization of other goals of value.