Research On The System Of Cross-examining Evidence In Civil Litigation

The system of cross ?exaniinating evidence in civil litigation, one un- portant system of Evidence Law of Civil Processings, carries out the pnncl- pies of making civil action public, adversary and .directly ?verbal, which axe concretely behaviored. However, this system has been ignored of by ad- ministration of justice in our country, with little attention paid to by theory of law science , either. Obviously, this system and civil cross ?exammat- ing evidence status and function are very much unbecoming. It, therefore, is essential to face from idea, to pay attention to the civil cross ?examlnat- ing evidence system from legislating and particu]arly to further investigation theoretically. This text maintains that cross ?exaxninating evidence is the lawsuit ac- tivity whereby parties interested and relevant personnel, under the hosting of judge, express agreement or denial to evidences shown in court hearing, and propose denied and disagreed evidences and reasons for judge to exam- ine and judge. It is an important means by which parties fully exercise their nghts and a scientific method for judge to find out details of the case. It al- so is effective way by which the court establishes its just image. The civil cross ?examinating evidence system is the lawsuit activity abundant in con- tent and involving a wide range of knowledge, which is fonned of three key elements, i. e. cross ?examinating evidence subject, cross ?exanunating evidence object and content of cross ?examinating evidence. The Functions and Powers Doctrine cross ?exaniinating evidence mode that our country implements at present does not do benefit to amusing the enthusiasm of cross ?exaininating evidence subject, improving cross ?exaininating evi- dence level and cross ?exaxninating evidence result, should properly absorb beneficial parts of the mode of Parties Doctrine cross - exaniinating evi- dence. For guaranteeing open, just and high efficient to go on in an orderly cross ?examinating manner, it must follow given law and stress scientific methods. At last, implementing cross ?examinating evidence system de- pends on a complete and perfect set of system formed together with it. At present a main point is to set up preparing procedure before examining and to make perfect the system of appearing in court as a witness to testify as soon as possible.