Research On Cross-examination Of Written Evidence In Criminal Cases

Throughout the history of the development of criminal procedure in our country,documented evidence has played an important role in the whole criminal procedure.A large number of written evidence into the court hearing procedures,the judge a large number of written evidence as a basis for identifying the facts of the case,written evidence has "natural evidence" "natural proof",even directly can decide the outcome of the judgment.This phenomenon leads to the deficiency of the cross-examination procedure in Chinese court hearings,and the court hearing presents the "document-centered doctrine" with the written evidence as the core.Through the empirical study of written evidence,written evidence presents a "more than two less" pattern.In practice,there are three dilemmas in the cross-examination of written evidence: the dilemma of applying the principle of direct speech,the dilemma of effective cross-examination and the dilemma of investigators testifying in court.From the legislative level,the defendant’s right to cross-examine the lack of protection;From the perspective of practice,the "extremely low" court appearance rate of investigators leads to the application of the direct speech principle is difficult,and a series of problems,such as the imperfection of the relevant system of cross-examination of written evidence,lead to the inability of defenders to carry out effective cross-examination,difficult to put forward effective cross-examination opinions,the trial cross-examination is hollow,the court hearing is mere formality,damage judicial credibility.Therefore,in view of these problems,according to the approach from the source of rights to the rules of evidence,from the ability to prove the power of evidence,improve the cross-examination of written evidence trial.Specifically,the cross-examination structure of written evidence in criminal trials should be improved,with the protection of the defendant’s cross-examination right as the core,the illegal exclusion rules of written evidence and the investigators’testimony in court as the focus,and the witness system and the cross-examination rules of written evidence as the key.In order to better protect the defendant’s right to challenge,implement the basic concept of criminal procedure of punishing crimes and protecting human rights,and promote the process of substantive trial.