警察出庭作证的法理分析

警察出庭作证是诉讼理论和司法实践的需要,在国外也十分普遍但在国内却一直将警察排除在证人之外。虽然两高的解释现在对此有所规定但内容与范围十分片面。我国应建立警察出庭作证制度。     

Las fuentes de conocimiento de lo jurídico*

The basic concept of law which was built on that of the state’s sovereignty has been transformed in such a way that can be no longer recognised as operable in the reality of politics. a great number of social changes have contributed to such a transformation; such as politic and internal social pluralism, the latter contradicts the idea of sovereignty and cohesion; the establishment of alternative centres of power which coexist with the state; the institutionalisation of contexts integrate their branches of power beyond those of the state –and consequently, they are becoming unavailable both for individual states-; and for individuals to claim their rights before international jurisdictions. This paperwork analyses formal legal sources from this perspective.