On The Criminal Verification Procedure Under The Reform Of Trial-Centered Criminal Procedure System

The Decision of the Central Committee of the Communist Party of China on Several Major Issues in Promoting the Rule of Law in an All-round Way pointed out that the reform of the trial-centered litigation system should be fully implemented.In the past judicial practice in our country,criminal proceedings often take investigation-centered as the form.The trial-centered is proposed to solve this problem.This major decision is in line with the practice of criminal law and appeals.It is a booster on the road to the rule of law.One of the first components of China's criminal litigation system is the cross-examination system.If you want to determine the factual evidence,you must go through the cross-examination.To implement trial centralism and promote the substantive trial,it is necessary to play an important role in the cross-examination system.The cross-examination of criminal litigation evidence in the court is the essential requirement of trial centralism,and the deeper meaning is that the cross-examination is true and effective.However,in practice,there are still many problems in the cross-examination in our country,and there is a general phenomenon of the false court trial.For example,the paper version of testimony records and appraisal opinions replaced witnesses,appraisers,and people with specialized knowledge to appear in court,resulting in the extensive use of written evidence.Prosecutors provide evidence in groups that increased the difficulty of cross-examination of defense lawyers.Judges often interrupt the defense,etc.There are also many reasons for the falsification of the cross-examination,including the disparity of the prosecution and the defense,the lack of the principle of direct speech,the lack of a cross-examination rule,and the lack of supporting measures.Therefore,based on of implementing the trial-centered,only by making the cross-examination system more perfect,can the problem of the fictitious trial be solved more effectively.To transform the cross-examination system into substantive,we must make the rules of cross-examination in criminal courts complete and more detailed firstly,including the implementation of the principle of trial-based evidence adjudication,the establishment of the principle of direct speech,the definition of cross-examination rules,and the establishment of systematic rules of court trial and procedural rules.It is also necessary to upgrade the cross-examination capabilities of the judges,prosecution and defense.At the same time,various supporting guarantee mechanisms for criminal court trials should be promoted and implemented.This article is divided into four chapters.The first chapter starts with the background and internal theory of trial-centered and the essence of the criminal court trial cross-examination,explains the concept,characteristics,and value of the cross-examination.Discusses the direction of trial-centered to the cross-examination in the court investigation under the new situation.One is the key to the trial procedure is the cross-examination in the court investigation.The second part is the internal requirement of the prosecutor to improve the quality of public prosecution.And the third part is to safeguard the defendant's full right to testify.The second chapter is an in-depth analysis of the current status of cross-examination in China.After investigating the practice of cross-examination in China,it is found that there are still many problems in the cross-examination.One is the lack of confrontation of cross-examination.For example,the amount of evidence provided by the public prosecutor and the defender is very different,improper methods of the public prosecutor increase the difficulty of the defender,the two parties do not respond to the other party's cross-examination,and the rate of key witnesses is low.The second is that the defendant lacks cross-examination ability.The main manifestation is that the defendant rarely issued cross-examinationopinions,and there are problems such as unclear logic and insufficient reasoning.The third part is that the content of the cross-examination focuses on the power of proof.Some defenses have not yet realized the status of legitimacy,which will affect the outcome of the trial.The fourth part is that the defender is faced with the difficulty of cross-examination.During the cross-examination,the debate will be interrupted by the judge.The third chapter examines the provisions of the Anglo-American legal system and the civil law system on the cross-examination rules and supporting measures,to obtain the successful experience that the country can refer to.It includes the following five aspects: establishing the principle of direct speech,constructing cross-examination procedures,attaching importance to pre-trial procedures,clearly stipulating the circumstances and legal consequences of witnesses and experts absent in court,and giving full play to the role of the defendant as the subject of cross-examination.The fourth chapter makes assumptions about the perfection of cross-examination.One is to perfect the rules of cross-examination,including implement the principle of trial-centered evidence adjudication,establishing the principle of direct speech,clarifying the rules of cross-examination,and establishing systematic procedural rules for trial and cross-examination.The second part is to enhance the cross-examination capabilities of the parties to the lawsuit.Improving the ability of the judge to regulate the trial and the cross-examination capabilities of the prosecution and the defense is crucial to the efficiency and effectiveness of the cross-examination process.The third part is to build a supporting system for cross-examination of court hearings,improving the attendance rate of witnesses and expert witnesses,giving full play to the assistance of experts in cross-examination,ensuring the full power of the defense of witnesses,and performing important functions of pre-trial meetings.