Research On The Cross-examination System In Criminal Procedure

With the development of criminal trial reform in china, the cross-examination incriminal court trial will inevitably become the focus of attentions. The frameworkand basic structure of the cross-examination system has been regulated in ourcriminal procedure legislations and judicial interpretations, but the subjects arecomplex, the objects are in different position, the ways are not clear, the orders areambiguous, the rules are rough, the cross examination and the authority ask of thejudge exits at the same time. There are some problems in the judicial practices, suchas the scope is limited, the procedures are not strict, the improper askingphenomenon is prominent and the authority asks are remarkable. The traditionallawsuit ideas, non-adversarial litigation cultures and the lacks of supporting systemsare also the main reasons.The developments of foreign cross-examination systems have differentcharacters, which can provide references for our country. The Cross-examinationsystem is rooted in the Anglo-American law system, and has the profound theoreticalbasis and solid support systems. While in the Germany of Mainland law system,because of the contradictions between cultural system transplantations and thetraditional state concept and structure of lawsuit, the cross-examination has becomea "literature” word. Japan and Taiwan region absorbs the spirits of Anglo-Americanlaw system, retains the authority investigation, and forms the mixed systems.The further improvement and development of the cross-examination system inChina is not only the inevitable requirement of finding real in the trail, realization theequal of two parties, but also conforming the development of international judicialcriterion. At the same time, the gradual deepening of our socialist market economy,the gradual formation of the people’s democratic rights awareness and the continuousimprovement of the legal systems provide good material basis, social security andthe supporting systems. Our future cross-examination system should draw lessons from the mixed system, enhance the subject status of two parties, weaken theauthority of judge and emphasize the complement function.The construction of the cross-examination system in China firstly should definethe level of legislations. The right of cross-examination will be as basic rights givento criminal defendant in the constitutional level based on the attribute of rights. Therules should be regulated in criminal justice laws based on the attribute of rulesSecondly, the elements, sequence, the applicable rules; the objection ofcross-examination in China should be further developed and perfected.The good operation of the cross-examination system in China also depends on aseries of procedures and supporting systems, including the fundament of evidencedisplay system,the development of legal aid system, and the perfection of witnessappearance system etc.