Cross-inquiry System Built In Our Criminal Procedure

Cross-examination system is a standard system to follow when the parties and their attorneys cross-examination the witnesses in Common Law countries. It is considered to be the most concentrated expression of the adversarial trial mode. In the background of integration between the two legal systems, our country modified the Criminal Procedure Law of China in 1996. The biggest features of the modification are that some factors of the adversarial system of common law is introduced to the trial and basically establish the cross-examine system on the way of evidence investigation. However, under the influence of the Criminal Procedure Law of 1979, on one hand the specific provisions of cross-examination system and the supporting measures are still not perfect; on the other hand, few knowledge and little attention to the judicial practice of cross-examination system causes a series of problems. In view of this, the paper focuses on the cross-examination System theory, the procedural rules of cross-examination, the supporting measures and the value of it. And according to this, this paper proposes the construction and improvement of the cross-examine system of our country.This paper is made of the introduction, body and conclusion. The body part is specifically addressed with five parts.The first chapter introduces the concept of cross-examination and two modes of the examination of the testimony of witnesses in common law and civil law. The second chapter discusses the theoretical basis for cross-examination, and proposes that the protection of human rights and the relative theory are the cross-examination are the main theoretical basis of the cross-examine system. The third chapter discusses the procedural rules of the cross-examination and the supporting measures. Cross-examination can be divided three parts:the order of cross-examination, the range of cross-examination and the way of cross-examination. The specific rules are:induced asked rules, the rules may not question one's own witnesses, the dispute of the parties rules, hearsay evidence exclusion rules and association rules. The supporting measures are divided into the five parts:jury system, defense system, the judges system, witnesses, trial preparation process. The fourth part assesses the value of the cross-examination. It mainly focuses on three aspects:benefit to find the truth of the case, to realize the procedure justice, to improve litigation efficiency. The fifth chapter is the key part. In the chapter, the paper proposes how to build the cross-examination in our country:It firstly introduces the situation of the cross-examination in our country and briefly makes an assessment. Secondly, it expounds the supplement of the cross-examination system on the general procedure, rules of evidence and the relative supporting measures of judicial systemThe conclusion is the outline of the advantages and disadvantages of the cross-examination system, the current situation and how to supplement the system.