Research On The Cross-examination Of Criminal Procedure

Cross-examination as a witness is an important means of investigation. Cases where the truth is not only an important device, it is important to protect the legitimate rights of the accused means and also is important in a national human rights protection. For the majority of cross-examination has been widely used in common law countries, civil law countries in recent years has absorbed the introduction of the system. Amendment of the Criminal Procedure Law, the party absorbed the common law doctrine of beneficial ingredients, the way of the witnesses have also been improved, but due to the lack of cross-examination in our concept,applicable rules and a range of supporting systems, so China did not establish a truly cross examination. To meet the development trend of the world's criminal proceedings, to achieve the goal of founding the truth and achieving the procedural justice, China is necessary to establish the system. From the cross-examination of the basic problems for cross-examination, to the present situation in China, combined with the development of cross-examination more representative of the United States and Japan. Put forward the specific measures to establish the cross-examination, in the hope of benefiting from the construction of cross-examination.This article from the introduction, body and conclusion of three parts. Body of four chapters.Chapter one is the concept and value of cross-examination. There are two cross-examination:Broad and narrow. The value of cross-examination, there are two:First, find the real case. This is explained partly by four aspects:First, the prosecution and defense in the pretrial control through various means, a certain amount of information to ensure understanding of the case. Second, different position because both parties benefit from a different angle reveals the truth of the case. Again, by the prosecution and defense cases Conducive to hearing the results of active pursuit of the truth of the case. Finally, the program settings conducive to cross-examination of witnesses for the true statements. Second, the realization of procedural justice. This section describes in three parts:First, cross-examination will help protect the dominant position of the defendant. Second, cross-examination conducive to achieving equality of prosecution and the defense against. Third is to achieve the substance of the trial.Chapter two is the cross-examination of the status in our country. Through our "Criminal Procedure Law" and the Supreme Court judicial interpretation of the relevant provisions of view in our country, Cross-examination of spirit has been absorbed, but not the true meaning of the cross examination, cross-examination in our country have not really established. Then is essentially the lack of crossover in our country. This part of the analysis through the four areas:First, the lack of cross-examination based on the concept of operation. Second, the order of cross-examination of the confusion. Third, the absence of the scope of the cross-examination. Fourth, the absence of specific rules.Chapter three is the cross-examination of the extra-territorial investigation. The first section describes the U.S. cross-examination. The United States are more typical cross-examination. This section focuses on the United States which are more typical of the rules. The second part describes the cross-examination of Japan. Japan's cross-examination of the introduction which a large number of parties absorbed in the United States component of litigation, but there is still a lot of authority principle components, making the cross-examination is different from the United States, there is own characteristics. The third part is the legislation and its inspiration. Through the United States and Japan in different countries cross-examination of the legislation and the actual running of the situation analysis, the construction of cross examination to provide some useful information.Chapter four is to construct and improve the cross-examination system. The first part is the concept of the update. This section describes the cross-examination of mind, requires the judge, prosecutor, defense and other parties renewing. The second part is to clear the order of cross examination. The third part is to establish the scope of cross examination. This section has four aspects:First, the main scope of inquiry. Second, anti-ask range. Third, the scope and then ask the Lord. Fourth, another anti-ask range. The fourth part is the construction of cross-examination of the specific rules. This section has two aspects:First, the procedural rules for cross-examination. Second, the cross-examination of the rules of evidence. The fifth part is to build and to improve the cross-examination of the supporting system. This part of the three aspects:One is to establish evidence display. The second is to improve the system of witness. Third, improve the criminal defense system.