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On The Rights Of Cross-Examination Of The Crime-Accused

Posted on:2008-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:J P HuoFull Text:PDF
GTID:2166360215491538Subject:Procedural Law
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The rights of cross-examination came into being in the ancient Rome law, and developed continuously and difficultly at Middle Ages. But since modem age, the rights of cross-examination rose completely with the enhancing of human rights. It's the important rights of the crime-accused, and basic human rights. At the same time, it's the important contents of procedural justice. The article clarifies the conception and contents of this rights through the inquiry about the cross-examination of the countries of Anglo-America law system and the virtual circumstance of our country Its biggest function consists in the value of guaranteeing human rights through inquiring furtherly the phrase of direct speech, at the same time, its embodiment behind is a proper procedure value. There is disadvantage in the system rule of law-making, operation rule and guaranteeing of practice of cross-examination in our country. So it makes the crossing of inquiring become formalistic. The rate of witness to appear at the court is very low because of his objective and subjective reasons. Then the accused person and his defense person can't proceed to inquire witness who is disadvantageous to him on the law court, and it makes the rights of cross-examination end up in nothing. So in our country constitution, establishing the rights of crime-accused and improving related system of criminal court will make function for the resolving the problem of witness not to appear at the court, the pertaining of cross-examination of the crime-accused person and showing the guaranteeing of human rights.
Keywords/Search Tags:the rights of cross-examination, theories foundation, the contrast-studies, the research of present-condition, the improvement
PDF Full Text Request
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