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Criminal Cross Asked The Study

Posted on:2007-05-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Z WangFull Text:PDF
GTID:1116360182991426Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Cross-examination is the important devices to implement and to protect the defendant's right to confrontation.To cross-examine witnesses is the key process in criminal courts. How to cross-examine witnesses has become the common task faced by our law scholars and snbstantive community. In recent years ,Chinese scholars have introduced and commented the system of cross-examination in other countries .which are included in the legal systems of Anglo—American and the Continent. They gave a number of constiuilive views .On the whole ,however ,the study still remains on the level of introduction .It is rare to find the full study in the light of China's national condition .This article is about how the system of cross -examination come into being and develop in the criminal system , based on the belief to find the truth ; about how the system pass on the basic value of human society ;about how it become a protective right when an individual in confront the force of a country .The main purpose of the study is its combination with Chinese judicial practice and the end result is the reform and improvement of the system of cross-examination in China .Through the research ,We are forced to review and reflect our value ,which emphasises the exassive persuit of the objective truth , the system of litigation and system .We also get more awareness and perception about the balance and the conflict between the judicial system entities justice and procedural fairness. The methods used in the study include the literature analysis method , comparative study method and historical research method, literature analysis method in this artcle is frequently used here for reference .As a birthplace of application the right to confrontation of the witness in criminal court , Britain and American have accumulated rich experiences in hundreds of years and have given us a lot of valuable theoretical summary on the issue . Comparative study method mainly takes the examples in the United States and Britain.Although Germany and Japan have a quite good system of cross-examination legistion ,they tend to copy in legislation and the cases would be very difficult to collect .Moreover, scholars in those countries have so few arguments that the author of this article just used their cases as supplement and reference. In this article the author tries his best to penetrate into the reasons that are hidden behind the system and regulations .He will also give his comment as the conclusion of comparisons .Fundamentally speaking ,the origin of cross-examination of the two great legal systems are different------the Anglo-American cross-examination which...
Keywords/Search Tags:cross-examination, the right to confrontation, due process, leading question, criminal trial procedure
PDF Full Text Request
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