Research On Cross-Examination System In Countries Of Continental Law System

Cross-examination, the prerequisite of evidence affirmation system,is one of the important parts of the civil procedures. In the comparative study of the cross-examination, continental law system shows a lot of different from countries of Anglo-American law system. China's civil lawsuit system is in many ways showed typical continental law system features. Although the idea of rule of law, judge literacy aspects of our country and continental law system country also has the very big difference, But if from two casters in search for more easy reference cross-examination legal system, Continental cross-examination system is an important research topic.This paper introduces the Germany, France, Japan's cross-examination system. The article is divided into five parts. First part introduces the connotation and mode of cross-examination system. The author introduces the subject, object, content of the cross-examination in the first part. The author briefly introduces cross-examination mode of the countries of two important legal systems. The second part, the third part, the fourth part is the main content of the article, the author introduces in detail to Germany, France, Japan's cross-examination system. The author first introduces the national laws and regulations, and then the author analyzes the cross-examination of three countries in detail. Cross-examination system of continental law system countries has certain commonness; however, there are many differences between specific rules. In this article, the author focuses on analyzing the deep-seated reasons of the different cross-examination modes between three countries. The author analyzes the reasons in multiple perspectives, for example, the history of judicial reform, legal culture, related systems, legal transplant and so on. In the last part of the article, the author summarizes the characteristics of the continental law system country's cross-examination system. Continental law system country cross-examination system has much enlightenment for us. In the view of the author, our country's weakness on cross-examination system can be divided in three levels: legal principles, procedures, relevant systems. Therefore, the author put forward the following suggestions: First, debate principle should be fully implemented; judge power should be reasonably controlled; the procedural rights of the parties should be protected; and the evidence system, the related judicial systems should be completed.