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我国目前通说中的证人概念是:“证人是指除当事人以外了解案件情况并向公安司法机关作证的诉讼参与人。”也就是说,证人必须是诉讼参与人之一。而诉讼参与人,“是指除专门机关依其职权办案的人员以外,享受一定的诉讼权利并承担一定的诉讼义务而参加诉讼的人。”由于公安机关侦查人员是专门机关的工作人员,因此证人的范围就不能将侦查人员包括在内。因此,在我国,警察出庭作证不仅在实践中十分少见,而且在法律上和理论上没有根据。依照上述对证人的定义,侦查人员不是诉讼参与人,当然就不能成为证人。这样,警察是否应当出庭就成了一个在实践中和理论上都迫切需要解决的问题。
The current concept of witness in our country is: “A witness is a litigant who understands cases and testifies to public security organs other than the parties.” In other words, the witness must be one of the participants in the proceedings. The participants in the lawsuit, “refers to those who participate in the lawsuit in addition to those who specialize in the handling of the case according to their powers and enjoy certain rights of litigation and undertake certain litigation obligations.” Since the investigators of the public security organs are staff members of specialized agencies, Investigators can not be included in the scope of the witness. Therefore, in our country, police testifying in court is not only rare in practice, but also devoid of legal and theoretical basis. According to the above definition of witnesses, the investigator is not a participant in the proceedings, of course, can not be a witness. In this way, whether or not the police should appear in court has become an issue that is urgently needed to be solved in practice and in theory.