Research On The Court Questioning In Criminal Procedure

After the criminal procedure law was revised in 1996, the new lawcarried on the transformation to the functions and powers doctrineprocedure of the old law,have formed the "composite proceduremode ".The court's trial mode is this kind of "composite embodimentduring the course of trying of procedure mode"in our country"accusesof the debating type "currently. And the construction of the questioningsystem, is just the best embodiment that court's trial "accused of thedebating type". But in the practical link , the questioning question hasnot caused enough attention. The general situation is included inauthentication. It has not become the independent identification link .Until the middle period of 1990s, following the reform of the adjudicationmethod, especially following the attention and enhancement of party'sburden of proof of the evidence question, scholar and judicial personnelmore and more, deepen and widely discuss so that the question onsystem comes out conspicuously gradually the questioning. It should beimproved again.The full text divides into four chapters altogether:Chapter one Functions and Significance of the QuestioningSystem. First, questioning system is the result of certain stage from lawdeveloping, is summary of experience of mankind in the course ofsolving the legal problem, is the sign that the legal system of criminalsuit perfects further and is the further embodiment of the legal reasontoo. Because of questioning system " visible ", the characteristic shownoften is this suitable universality, which make legal process of reasonappear in front of the people. This is reason function of questioningsystem. Second, during the questioning link, both parties can stand onthe same platform confronting with each other , in order to obtain thejust result through fair course , equal participation. It is said thatoutstanding human rights ensure nature of questioning system, reflectmodern civilization of human law. Third, only undergoing thequestioning procedure , people could really think through tryingproperly , could think that there is the chance in fair speech , pleadingand refuting , could approve of the so-called " juristic fact "in law. If itdoes not undergo questioning ,evidence so-called is biased one andthe fact can not be the correct either. This is the function of questioningof taking proper for case. Finally, questioning system can ensureparticipation of equality of debating both sides, offer the prerequisiteguarantee for both sides' equal dialogue, offer the equal chance toexpress the suggestion and full chance of both sides participating inand substantive influence referee person to both sides at the sametime . In this way, criminal court's trial embody fully the principle ofopen , participating in, the party has played the function of supervisingtoo while participating in. Thus the criminal procedure law of our countrycurrent better embody its democracy.That is these functions of questioning system makes questioningliterary composition of system to build in our country judicial as onlyroad of reforming. The questioning system becoming the key linkposition is established finally in the criminal court's trial, making itbecome basic link of justice prove and necessary procedure. It ensuresfundamental right of both parties further, becomes judge assert casefoundation of fact , makes our country current criminal procedure lawappearing democracy, civilization modern legal system characteristic.Chapter two Questioning concept , characteristic andcomposition of the key elementQuestioning means a kind of procedure activity that in the courseof court's trial, under trying hosting of personnel, questioning subjectqueries, interrogates , argues and verifies evidence material of caseprovided by verified subject , in order to try that personnel confirmsthe identification strength of this evidence material. Afterwards,according to concept of questioning , it is produced characteristics ofquestioning。Subject of questioning should be contained of bothsides two major camp consisting of a lot of subjects in separate,including the prosecution, party and his law-agent who participate incriminal suit, i.e. including the prosecution, defendant, injured party ,private prosecution people, defender , law-agent , plaintiffs anddefendants of supplementary civil action in criminal proceedings, andthe injured party's legal representative and close relative (Especiallywhen the injured party dies or the incompetence and restriction capacity,defendant for at the minor or defendant when being blind deaf mute.). Itis got rid of judge outside the status of questioning subject. In accusingone party, prosecutor questioning first, and then the insuredquestioning ; In defendant one party , defender questioning first, thenthe lawyer of defender carries on questioning. Questioning object is allevidence material types in the criminal procedure law of our country.The content of questioning includes the inherent three pieces ofattribute of the evidence and identification value of the evidencematerial.Chapter three Range and way of questioning. In the Angle–American legal system,evidence material is divided into documentedevidence, material evidence, witness testimony. It is adopt the way ofthe cross-examination to carry on questioning mainly. Generally realizejudge's leading inquiry way among the continent legal the party followsthe judge's suggestion on the delimitation of the evidence range to agreat extent, and take the measure of questioning or not totallydepend on the judge's judging amount of freedom. It is not be existedthe concept of main inquiry and cross-examination. When opening acourt session, it is judge who inquiry witness, and by him leading thewhole course that witness inquire. Lawyer's job limited to alone that thewitness nominates. Japan take in two fundamental laws and principlesdepartment questioning strong point of mode concurrently, divide intotwo kinds of testimony of witness and material evidence according toexistence form of evidence.It is construct with the procedure that formsthe fundamental key of the adversary system , supplemented by thefunctions and powers doctrine. It is helpful if we divides evidencematerials as testimony of witness and material evidence at questioning,and carry on questioning according to one's own characteristics ,it isfavorable to practical operation. The evidence that the judge collectedshould carry on questioning during court's trial too. The questioning ofour country can adopt the modes , such as cross –examination andinterrogating directly etc. . Some qualified special cases can avoidquestioning .Chapter four The defects and perfection idea of questioningsystem in the current law of our country. In our country, there are someproblems about questioning system, such as, questioning subject andquestioning range are unclear , the evidence opened the system of...