| As a procedural system,the cross-examination is an important part of civil proceedings.Without the cross-examination,the judge cannot determine the proof and adjudicative facts and also cannot form the intimate conviction. Given its importance,the theorists and judicial circles have paid great attention to the cross-examination and established lots of general view.However,these viewpoints only involve basic components and relevant auxiliary system of the cross-examination.Thus,this paper tightly focus on the corss-examination and strives to carry on the depth analysis.To proceed from our legislation system and trial practice,corss-examination should have following meanings:During the hearing,the litigant(The litigant is a broad concept and must include plaintiff,defendant and the third party) admit or reject authenticity of evidence ,relevance,legitimacy and if the evidence have probative force.Following the concept,the subject of cross-examination is litigant and the object is evidence. The cross-examination only exists in the court hearing and needs to check the capacity and the weight of evidence.During summarizing the basic ideas of cross-examination procedure,this paper put forward one concept that the right of cross-examination which has been ignored but very important.The right of cross-examination make the litigant have right to participate and can provide procedure and entity safeguards. The demonstration about right of cross-examination provides necessary premise for refactoring its pattern and illustrating the rationality of the default judgment.From the longitudinal view, cross-examination only exists in the court hearing.Compared with other litigious stages,it pursues fairness and efficiency.Besides,it pursues different value according to different trial process. The partition of cross-examination pattern is one of innovation in this paper. When discussing the cross-examination pattern, many scholars think it should be divided into adversary system and inquisitorial system. However, this paper has different opinion.Though this partition is not clearly erroneous, it cannot pay close attention to differernce and cannot reflect the trial practice.So,the cross-examination pattern should be divided into Rights full and Rights restricted according to if litigant have sufficient rights of cross-examination.It should be noted that this concept only refers to right of cross-examination. Rights full has two levels of discourse:One meaning that the party have sufficient time and measures to explain the evidence which he provides and to refute the evidence which the opponent provides;the other meaning that Judge form intimate conviction to a great extent or completely relying on the cross-examination. Rights restricted refers to litigant cannot use the right of cross-examination fully and effectively. According to if the litigant have free will, Rights restricted can be divided into actively limited and passively limited.This will be talked about in following text.During studying the foreign law,this paper selects two countries and illustrates their cross-examination.The common advantage can do a lot of good to building our cross-examination process,such as safeguarding the rights of litigant and using evidence which have reliable source and pursuing efficiency and so on.Athough the legislation and practice of our cross-examination has made a breakthrough,it is not perfect.This paper offers some advice about how to improve our cross-examination system in the fourth part.During different cases,the judge can organize cross-examination step by step or divide the evidence into two sorts.In brief, according to the characteristic of evidence,the judge can divide the evidence into physical evidence and human evidence and can adopt different mesures.Under the civil procedure law, the evidence cannot be used without cross-examination.However default judgment obviously acts contrary to the law.Thus,why the judgement has legitimacy should be paid more attention and you will find the answer in this paper.
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