Chinese Criminal Interrogation System Researching

Interrogation, the premise of attestation, is a dispensable step of court hearing and an important part of criminal evidence system. The Chinese criminal procedural law provisions that no evidence can be accepted by thecourt unless it goes through court interrogation otherwise it will breach the procedural law. However, the interrogation was adopted after the innovation of court hearing, while the content regarding interrogation in current procedural law is not very detailed. The absence of clear and definite regulations results in much confusion in judiciary practice.The writer thinks, interrogation is a key step of court hearing, especially after the innovation of court trial. In fact, the adoption of interrogation is very useful in protecting the parties' certain rights, maintaining litigation justice and promoting our country's criminal procedure. Therefore, how to amend our country's criminal interrogationsystem, adjust the internal relationship of litigation, harmonize the interrogation procedure and other criminal procedures, so as to realize fairness and justice, guarantee the parties' litigation rights and interests, is an issue deserve considering and researching.Professor Longzhongzi regard that," Since our criminal cognizance mode has changed from jurors inquiry to the accuser and defender providing evidence, the litigation principles and the mood of juror presiding the hearing should be transferred accordingly.The decision of interrogation mood determines the settings of interrogation method, rules and specific programs. The Common laws system countries, which are represented by USA, adopted the interrogation mode, which emphasize the role of both parties. While the Continental laws system countries, which are represented by Germany, often emphasize the role of the juror. The most distinguish differences between two sides lies in:(a). The freedom of the parties participate the interrogation. (b). Whether or not the juror inquest the accuser and the defendant.Some regard under the Common laws system countries interrogation mood, the participants' enthusiasm was brought into play well. Consequently, the quality and effectiveness of interrogation is better. As a result, the Continental laws system countries interrogation mood has become the main trend of current world interrogation system. At the same time, the writer regard the latter also has its own advantages. In some degree, the juror's intervention in the interrogation procedure is necessary, especially in the instance of one party's incompetence in interrogation. All in all, those twokinds of interrogation moods both have advantages and disadvantages, they could be used for reference each other. For example, the Japanese criminal procedural law combines the two interrogation moods. It assimilates the method of cross-examination on the basis of original Continental laws system's legislature mood. The juror will preside the cross-examination between two sides. The writer also takes sides with this combined mood. But how to blend the advantage of these two moods should be studied and researched further. Chinese criminal litigation has its own character. The two parties are not the accuser and the defendant but the public prosecutor and the criminal suspect. So, in China, the public prosecutor and the criminal suspect should start cross-examination and debate under the presidency of the juror."Current criminal trial, which characterize with rationality, comprises certain elements, namely the standard composite essentials of court hearing. And these elements can be generalized as the principles of the court hearing. The principles of interrogation during court hearing include the rules of reciprocity rights, necessity, juror impartiality, being timely, debate etc.Most country's legislature and judiciary practices show that the interrogation system's effectiveness is greatly determined by the rationality of the interrogation rules. The Common laws system and the Continental laws system interrogation moods mainly include such rules as op...