The Research On The Operation Mode Of Chinese Trial Cross-Examination System In The Perspective Of Trial Center

The cross-examination system is a system which is based on the defendant’s quality of evidence as the core,to confront the trial mode as a prerequisite,and to protect the legal rights and interests of the main body of criminal law as the code of conduct.The essence of the cross-examination system is to protect the litigation rights and legitimate rights and interests of the main body of the litigation in the criminal proceedings,especially as the criminal defendant who is the subject of the prosecution.The cross-examination system was introduced by our country in 1996 when modified the "Criminal Procedure",which changed the operating mode of the trial from the "inquisitorial" to "Adversarial",and established the basic pattern of cross-examination system.However,there are many problems in the actual operation of judicial administration,and the play function of the trial is restricted and the legitimate rights and interests of the right subject are not effectively guaranteed.The Fourth Plenary Session of the Eighteenth Central Committee adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Promotion of Ruling by Law(hereinafter referred to as the "Decision"),which clearly put forward to "promote the trial as the center of the litigation system reform",which marks the "trial center concept" will be an important basis to guide the China’s criminal justice system reform.Judgment as the center means that the trial of the case will be more dependent on the investigation of facts and evidence and cross-examination,the cross-examination system research will inevitably become the most important part of the trial process.This paper explores the cross-examination system of our trial in the view of the trial center,which is divided into five chapters.The first chapter is the basic theory of the center of the trial and the trial cross-examination system.First of all,it is the theory of the center of the trial interpretation.Through the comparative analysis of the theory of trial center and the theory of litigation stage,the author thinks the unique meaning of the concept of trial center in our country.Then,through the analysis of the meaning and attribute of the cross-examination system,it is clarified that the fundamental purpose of perfecting the cross-examination system is to guarantee the lawful rights and interests of the subject of litigation right and realize the dual value of substantive justice and procedural justice.Finally,through the comparative analysis of the two theories,it is concluded that China needs to consider the reform of the cross-examination system from the pre-trial procedure and the trial procedure.The second chapter is the value analysis of the cross-examination system under the concept of trial center.First of all,the author analyzes the present situation and the problems in the development of the cross-examination system under the guidance of the traditional investigation center theory,and points out that the existing traditional concept is not suited to the development of our litigation system and the need to protect human rights.Secondly,it analyzes the value of the cross-examination system under the concept of the trial center and the investigation center,and expounds the value and significance of the cross-examination system under the concept of the trial center.Through the introduction of the cross-examination in the Britain,the United States,Germany and Japan,it explains the development of the cross-examination system in other countries.The fourth chapter is the question of the cross-examination system of our trial and its causes.First of all,through the analysis of the problems in our pre-trial procedure and the trial procedure,it is pointed out that the factors that affect the development of the cross-examination system are not only the trial procedure,but also the unreasonable pre-trial procedure.And then through the analysis of the causes of the problems in the pre-trial and trial of our country’s cross-examination system,it provides ideas for the construction of the cross-examination system.The fifth chapter is the conception of the trial center to guide the crossexamination system of our trial.Mainly from two aspects of the construction: on the one hand,from the basic guidance to consider the perfect cross-examination system should adhere to the principle of the principle of trial center principles,the principle of fairness and efficiency and the principle of litigation to protect the litigation rights,The basic direction;the other is the proceedings of the pre-court system and the relevant supporting system after the specific construction.Through the basic principles of cross-inquiry and the construction of specific systems,with a view to China’s cross-examination system to provide constructive comments,and thus promote the procedural justice,to protect the legitimate rights and interests of litigation rights.