Civil Cross-examination System In China

As a key part of the trial, civil cross-examination is a middle procedure between the procedure of putting to prove by parties and the procedure of judge’s certification. It helps the Court to select evidence correctly, find the facts of the case, and then exercise jurisdiction rightly. What’ more, it contributes to the full realization of the right of appeal of the parties. So it plays a very important role on the entire course of the trial. Through the cross-examination, Parties can show to the court that their own evidence provided is true, legal and relevant. For the Court, it is a necessary step to covert the evidentiary materials into evidence. Cross-examination is both the protection of substantive justice, but also a sign of procedural justice. The cross-examination is an important research subject.The article consists of four parts:The first part is the first overview of the system of cross-examination. It provides the analysis of cross-examination connotation and essential characteristics of the functions of the procedure and substantiality of cross-examination.The second part introduces the legislation and practice of the current cross-examination system to expand the introduction. Then it analyzes the problems existing in the cross-examination system and their causes.The third part, on the basis of the second part, discusses the rebuild of the cross-examination system, illustrates the principles and rules of the cross-examination system and lists some special cases.The fourth part focuses on the protection of the cross-examination system. To make sure that the system function well, we must rely on the improvement of auxiliary system and relief system of the right to cross-examination. I suggest cross-examination system should be given appropriate support through the legislation and practice in order to better protect the legitimate rights and interests of the parties...