An Empirical Study On The Cross Examination Of The Testimony Of Witnesses In The Criminal Trial

Through empirical study, this essay study on questioning each other’s evidence of criminal trial in our country. On the testimony of a witness in the criminal trial of our country, we found there is a projecting cross problem, according the analysis of50cases of empirical. Specific performance:First, witness rate is low and makes the key point of confrontation between the two sides were missing. Second the position and role between the prosecutor and defender is unequal, the right and benefit of both is imbalance very much, it is obvious that complaint by the powers of expansion and contraction of the defender rights in stark. On the cross examination of the witness testimony can not be effectively carry out, not a real confrontation while power benefits are incompatible. The third judge criminal trial in the interrogation process, can not maintain a neutral potion, feelings tend to complaints, views on the defender cross-examination of "blind". Forth, absence of cross-examination rules, how to cross the testimony of a witness in the trial, interrogation and to what extent unordered, by a judge as a judge to decide, so that you have more randomness, is not conductive to protecting the right of cross-examination of defender. Leading to the above problem is due to a wide rage of both system level causes, such as witness protection system, economic compensation system to be of unsound mind; There are also legal reasons, such as the relevant legal provisions does not sound, or even some of the provisions are contradictory; Also the reason of thoughts, such as a magistrate judge, and there is no importance to the accused shall be entitled to the right of cross-examination, to cross a mere formality, can’t play the role of cross. To analysis on the basis of the above reasons, this made the construction of our conception of the testimony of a witness interrogation mode, specifically in the following four areas:First, in order to improve the relevant system, to provide effective witness protection; Second, we must balance the right of prosecution (force) benefit, change charges at the present stage in our country is too strong and too weak for the defender, enhanced on the adversarial nature of testimony of a witness interrogation Again, change the concept of existing trials personnel, establishing important procedural rights of cross-examination of the defender of this idea, making cross-authority received attention, in hearings in the interrogation process, fully taking into account the defender cross-examination of the comments made, guaranteed effectiveness of the interrogation; Finally, we must strengthen the vocational skill training for lawyers and the practice of moral construction, so that lawyer of our country can play its proper role of defender counsel. At the same time, we also need to improve the relevant legislation, allow the cross-examination of the witness testimony to truly "according to" confront card program, to provide certainty.