Research On The Criminal Cross-examination System In China

In recent years,with the maturity of the criminal procedure mode in China,both theoretical and practical circles pay more and more attention to the related issues of the criminal cross-examination system.The basic framework of the cross-examination system has been established in the current criminal procedure law and relevant judicial interpretations,but it still exists in the subject,object,mode,order and rules of cross-examination.In the face of more or less problems,the characteristics of cross-examination and power-examination are formed.In the practice of criminal justice,we are faced with the difficulties of limited scope of application of cross-examination,inconvenient operation of procedures,and serious tendency of authority doctrine.These problems are mainly caused by the influence of our traditional litigation ideas,non-confrontational litigation culture and imperfect related systems.Some foreign criminal cross-examination systems are relatively mature.The litigant-oriented litigation mode of common law countries has laid a solid theoretical foundation and rich practical experience for the operation of cross-examination system;the strong color of German authority theory has seriously hindered the development of cross-examination system;while Japan has introduced a large number of relevant systems of cross-examination from the United States,it has retained them.Local characteristics have formed a cross-examination litigation mode,in which litigant doctrine is the main and authority doctrine is the supplement.The beneficial experience of these countries can be learned and used for reference in improving our Cross-examination System in the future.The development of social economy and the improvement of the legal environment in China provide a good social material basis for the development and improvement of the criminal cross-examination system.Therefore,on the basis of the existing,how to further improve the criminal Cross-examination System in China is a problem worthy of in-depth study by the academic circles.This is the core content of this paper.The paper is divided into the following parts:The introduction first discusses the research background and significance of this paper;then reviews and comments on the research situation of the criminal Cross-examination System in domestic and foreign academic circles;finally uses the literature research method,comparative research method and comprehensive analysis method to study this topic,and points out the innovation and shortcomings of this paper.The first part discusses the value,procedure and development status of the criminal cross-examination system,and holds that the criminal cross-examination system has the internal and external value of discovering substantive truth,maintaining procedural justice and realizing trial-centered,improving judicial credibility,etc.The criminal cross-examination mainly consists of four links and basic procedures: main inquiry,counter-inquiry,re-main inquiry and re-inquiry.In the course of its operation,we should follow the basic rules of objection,inductive inquiry,hearsay evidence,opinion evidence,etc.But in judicial practice,traditional litigation ideas such as emphasizing entity and neglecting procedure have affected the construction and development of our criminal cross-examination system.Therefore,it is necessary to establish and reform the criminal cross-examination system.The second part elaborates the relevant content of the criminal Cross-examination System abroad,mainly from the Anglo-American law system and civil law system countries to analyze the operation status quo,in-depth understanding of the operation mechanism of foreign criminal cross-examination;and then compares it with the relevant provisions of the current law and judicial interpretation in our country,carries out a horizontal analysis and Research on specific matters one by one,and summarizes the United States.On the basis of discarding the useful experience of these countries,the similarities and differences of cross-examination between Britain,Germany,Japan and China can provide reference for the improvement of cross-examination related content in our criminal trial,clarify the general direction of the operation of cross-examination system,and find a way suitable for its development.The third part mainly makes a rational reflection on the criminal Cross-examination System in our country.First,it analyses and studies the main problems that restrict the effective operation and reform of the criminal cross-examination system.Then it analyses the causes of these problems.The main reasons are the traditional non-confrontational litigationculture and the strong color of authority doctrine in our country.Legislation does not attach importance to the right attribute of cross-examination and attaches importance to it.Documentary evidence and cultural habits of neglecting witness testimony,lack of cross-examination related supporting measures.The fourth part focuses on the reconstruction of China's criminal cross-examination system.Firstly,it is clear that China's criminal trial should choose a mixed cross-examination mode,in which litigant doctrine is the main principle and authority doctrine is the supplement.Facts have proved that since World War II,the main trend of the development of criminal procedure system in the two legal systems is to learn from each other's strengths and weaknesses,and China should not transplant blindly.Adopt a single model.The criminal cross-examination system is not only helpful to discover the facts of the case,but also to maintain the balance between the prosecution and the defense,and to maintain procedural justice,so it is extremely necessary.At the same time,due to the continuous improvement of the level of economic development,the gradual enhancement of civil rights awareness,the increasing atmosphere of the rule of law,it also creates sufficient conditions for the application and reform of the criminal cross-examination system.It has laid a solid foundation,so it is very feasible.Secondly,the basic procedure and relevant rules of cross-examination are constructed.Finally,a series of supporting systems of criminal cross-examination system are put forward as the system support to maintain the operation of cross-examination.