On The System Of Criminal Confrontation

In the litigation procedure, the confrontation is the statement of facts to exist on the same sharp contradiction both sides were present, face to face question. Face and question the evidence against himself, is a "natural right" nature of the rights. Criminal elements of confrontation by the subject, object, content composition. Confrontation is conducive to ascertain the facts of cases, but also one of the basic rights of the parties involved in the confrontation right to ask. It can be seen as a very important and essential to confront the litigation activity, which reflects the process of judicial effectiveness and legitimacy of the dual requirements of promoting democratization and open criminal proceedings, all have a great system value. As a result, researching into the issue will have very important significance to China's criminal litigation and judicial practice.After Word Warâ…¡,with the countries and international organization on human rights issues of increasing importance in many countries and international human rights organizations have the protection of human rights principles or system of criminal justice to write the domestic law or international human rights conventions. In a word, whether or not to effectively guarantee the right of somebody in the criminal administration of justice activities is one of the main standards which reflect whether the country's procedural act is culture democratic or not. United States, France, Germany, Russia have different legislative model system to establish a criminal confrontation.China's Criminal Procedure Law of the lack of confrontation norms theorists have enough attention and study. Shows that our system of giving legal status of criminal confrontation obviously too low and the lack of more operational requirements. Judicial interpretation of the provisions of the criminal confrontation is inconsistent, the Supreme Court's judicial interpretation of the main provisions relating to criminal confrontation even more decisive comparison; existing legislation subject of criminal confrontation is not complete, it should be clear from the legislation certainly the main victims of the confrontation status; confront our criminal system apple only to the trial stage.Strictly follow the principle of direct language and the principles of evidence is a criminal confront referee effective operation of the system of protection. Improve the system of criminal confrontation should be established in the Basic Law, the decision in a criminal confrontation and confrontation for confrontation coexist terms of the establishment of system of pre-trial procedures and expand the confrontation scope of the subject. Meanwhile, in the judicial interpretation and implementation details of the confrontation procedures applicable rules clear and specific steps.