Study On The Cross Examination Institution

Cross Examination is an important judicial institution and evidential regulation of the Anglo-American countries, and it is one of the best ways of discovering the truth .After the reformation in 1996,it has introduced the Cross Examination institution to our country, but the institution hasn't played its roles. So in our country there is a discussion about whether it is right to bring this institution to China. So the author is to research this institution running in China and to compare the situation in America of the Anglo-American countries to find the ways to solve the question, and wish to give some help to the reformation.This paper has four parts. The part one has introduced the Cross Examination institution of the Anglo-American countries, which includes the concept, procedure, contents and the values of the institution. It means that Cross Examination institution has its own rules of running and it is not only one of the best ways to discover the truth, but also the symbol of procedural justice, human rights guarantee, and resolutions of the contradiction.The part two has taken America for an example to study the practical and theoretical situations of America. First, it's to introduce the main regulations: classification of the witnesses; against impeaching the witness of himself; against opinion evidence; the rules of leading question; the rules of objection; against confusion questions. Then the article researches the practical situation of the Cross Examination institution, the basing conditions and other matching institutions of the Cross Examination institution in America; the art of asking questions, merits and the defects of this institution.In the third part, it's to analyze the Cross Examination institution in China. First, it is to study the situation of the Cross Examination institution running in China and to find the characteristics of the institution of China. The author considers that the reasons of the differences between the two countries are: the traditional cultures which have the contradictions with the ideas of the institution; the differences of assessing the evidences; the official powers in the judicial procedure; the absence of witnesses from the court; the legal situations of our country, such as legislative problems; the lower qualities of the legal profession of law. The conclusion is that the Cross Examination institution is fit for the orientation of the reformation of the criminal procedure, and with going further of the reformation of the criminal procedure and economical field and also by studying the experience from the Anglo-American countries, the Cross Examination institution of China will run better and better.In the end of the article, the author has given some suggestions on how to improve the matching institutions of the Cross Examination institution, such as the discovery of the evidence before the court, the appearing of the witnesses in the court, and the lawyer's defending for the accused.