Font Size: a A A

Research On Criminal Litigation Lawyers Cross-examination System

Posted on:2012-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2166330332494570Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, the way of criminal justice experiencing a great revolution, especially after the reformation of criminal procedural law in 1996. Since that, the mode was transforming gradually from inquisitorial system to adversarial system. During this period, new ideas and new trends emerged. Cross-examination is one of these trends and treasured by theories and practice. The procedure of cross-exam in the criminal litigation reflects principles of debate and direct verbal statement. Cross-examination system is an important way to protect human rights of the accused and realize the rights of defense, which is also important for a fair trial and litigation democracy.Lawyer is the most important subject of cross-exam system in the criminal litigation. However, the reality of China law on cross-examination in criminal proceedings poses a challenge. Imperfect rules of evidence, cross-examination stage too formal, and cross examination of supporting some of the system has not been established, which hamper the efforts of lawyers to find the truth and to protect their parties. Based on these, the process of criminal trial lawyer cross-examination system is of great practical significance.In addition to introduction, the article mainly divided into four parts. The first part commences on the basic meaning of cross-examination, focus on its main contents and modes. Based on above-mentioned, analyzing its nature, features, modes, practical significances, etc.The second part of the combination of actual investigation and the reality in China, to analyze the operation and limitation of lawyer's cross-examination, existing problems and its causing reasons. The third part based on its previous chapter, concrete solutions, and the last part of the lawyer cross-examination of the relevant skills and precautions. In the view of this paper in order to improve the law of criminal proceedings cross-examine the system requires both hardware protection legislation also requires the soft environment of judicial restraint. This is the only to establish and improve the system of criminal law cross-examination.
Keywords/Search Tags:criminal litigation, cross-exam, evidence rules, lawyer
PDF Full Text Request
Related items