Research On The System Of Civil Cross-examination

Cross examination system is essential to the civil procedure of our country. It is the key to prove the case fact, To guarantee the quality of the parties in the litigation process of the right. At the same time, it is also the important procedures and necessary stage to know the facts of the case for a judge. Cross-examination is consistent with the direct and verbal principle and debate principle in our country. The success of the cross examination has a direct impact on the result of the court's judgment. Whether it is the protection of the legitimate rights and interests of the parties or the smooth development of the work of the judiciary has an irreplaceable role. So it is very important to study the civil cross examination system.This article firstly expounds the basic theory of the civil cross examination system, and then states what the quality certificate is. It introduces the concept of the civil cross examination, the basic characters, and the subject, object and content of civil cross examination, to lay the foundation for detailing analysis to the following confrontation. Secondly, analyzes the present legislative situation and the existing problems of our country's civil cross examination system. This part stresses two key problems which has an significant impact on country's cross-examination at court, the examination system of legislation and judicial practice. Based on the present legislative situation of our country's civil cross examination, and then found the defects which our country's civil cross examination system in the legislation are: The provisions of the obligation of witness and identifier appearing in court as a witness and identifier to appear in court. The control right to the judge is not enough. The lack of preparation before the court makes the procedure of cross examination. Analysis the problems in the practice of the trial cross examination system in our country, such as evidence which is not make evidence as the basis for ascertaining the facts of the case, the interrogation procedure is too formal. Then, on the analysis of the foreign civil cross examination system and reference. The first part elaborates on the two legal interrogation system, take the Anglo American law system of the United States is the center of the pietism for trial method, the interrogation procedure in court by the cross examination method. The examinati on procedures for the parties to lead the procedural justice in the first place; and the civil law countries, Germany is to testify as an obligation of citizen should do on the country's witnesses, which is derived from the concept of public law, the judge has the command and the leading power in the whole process of litigation, the parties are bound by it and dominant. Based on comparing two legal examination methods, focus on the analysis of practice in the examination system and the procedure feasible two legal systems, so as to improve our country's civil evidence system. The last is to improve our country's civil cross examination system. This part is the key, mainly for some of the problems with our country's civil cross examination system in the recommendations for improvement, hoping to put forward some reasonable and feasible strategies for the improvement of our country's civil evidence system. The first protect the rights of confrontation of the parties, reasonable restrictions. The authority of the judge, ensure judicial fairness and justice; also regulate the witness testimony system, to solve the witness by taking reasonable and effective measures, appraiser rate is low. To improve the pretrial procedure. The civil procedure before the trial preparation stipulated in China's new civil procedure law and the judicial interpretation of the main evidence pretrial exchange system and the pretrial conference. However, only simple provisions of the pretrial preparation including what, but did not make specific provisions on the expansion program, so easily lead to the pretrial procedure of the pretrial preparation is not fully carried out. These problems are in the judicial practice often appear problem, is crucial to our cross examination system of civil issues, therefore, this paper combined with our country's current legislative and judicial status, and the results of previous studies, and draw lessons from foreign successful interrogation system, puts forward some improvement suggestions on our existing civil cross examination on the problem, in order to try my best to perfect our civil evidence system.