Research On The Defendant’s Right To Cross-examine

The essence of the rule of law lies in the confirmation and protection of rights.Respecting and protecting citizens’ rights is also the essential feature of a modern country ruled by law.The rights enjoyed by the defendant in the litigation and the degree of protection of the rights can reflect the status quo of a country’s judicial civilization to a great extent.The research on the protection of the defendant’s right of cross-examination is not only the embodiment of the justice value of the criminal procedure law,but also one of the requirements to prevent citizens from being encumbraged by the procedure and protect their basic rights.In order to meet the reform demand of substantive trial and the need of human rights protection,the academic and judicial circles pay more and more attention to the protection of the rights of the accused.But in the judicial practice in China,the reform effect is very weak,alone from the point of the defendant the source of the right of cross-examination and attributes,although the defendant in a court in survey link has the right to implement cross-examination behavior,but its power source is not clear,fuzzy,its about the defendant to implement supporting measures is incomplete.Therefore,it is the direction of criminal procedure reform in the future to grant the defendant the right to be protected by law and advocate its important litigation status.Admittedly,this does not mean that the rights of the accused are boundless,and moderate restrictions on their rights are also one of the ways to achieve justice through the balance of interests.the right of cross-examination of the defendant shall not infringe others(especially the witness)perform within the scope of rights,therefore,the author will further mining in justification for the defendant to give complete legal and protection at the same time,through a series of supporting program design,safeguard the legitimate rights of witnesses,expert witnesses,investigators intact,To maintain the balance between the defendant’s right of cross-examination and the rights of witnesses,so as to exert the maximum effectiveness of the defendant’s right of cross-examination.Based on this,this article will with the revised "criminal procedure law of the People’s Republic of China" and relevant judicial explanation,to fit the judicial reform on special criminal files,in need of using empirical analysis,comparative analysis and other research methods,based on the defendant to development and the protection present situation in our country,combining the basic theory and system about the right of cross-examination,By referring to the developed criminal system and rules for the protection of the defendant’s right to cross-examine that are in line with China’s national conditions,this paper proposes targeted and feasible suggestions for the protection of the defendant’s right to cross-examine in China from the aspects of legislative design,rights protection and judicial protection.This paper can be divided into six parts including the conclusion.The first chapter mainly describes the background of the problem and the theoretical research results at home and abroad;The second chapter mainly defines the meaning of the right of cross-examination and the legitimacy of giving the defendant the right of cross-examination;The third chapter reviews and analyzes the current situation of the protection of the defendant’s right to cross-examine and the problems exposed in China from the perspectives of legal system and judicial practice.The fourth chapter is mainly about the comparative analysis and reference of the extraterritorial protection system and rules of the defendant’s right of cross-examination.The fifth chapter puts forward effective suggestions on the protection of the defendant’s right of cross-examination.The conclusion is the summary of the whole thesis and the prospect of the development of the defendant’s cross-examination right in the future.