On The Rights Of Confrontation Of The Criminal Defendants

With the reform of criminal trial and the changes in action concept and criminal trial mode, the theory and practice sessions beginning to pay more attention on confrontation, the more and more people begin to discuss about confrontation questions. Because previous few scholars have devoted to research on confrontation, the works in this area, very little. Compared with the obtain evidence, the burden of proof, the right of confrontation what some people are strange and confusing. It's an important right of criminal defendants, has been accepted and recognized in most countries, international treaties have established as a fundamental human right. However, in our country it has not yet been legally recognized. Confrontation as an important stage of the court investigations, there is the phenomenon of formalization in our country. How to protect the right of confrontation of the criminal defendants, make the court investigations effectively, is an important problem at this stage in our country. Research the rights of confrontation of the criminal defendants has great theoretical and practical significances. In this paper, I'll introduce and analyze the concept and content of the criminal defendants' rights to confront, explore the principles and system that implement the rights of the criminal defendants abroad. On the basis of reflection about our country's judicial status quo, making the reform of our criminal trial of confrontation successfully.The full text is divided into four parts:The first part, firstly, introduce the concept and the basic content of the rights of the criminal defendants. By a number of scholars' different interpretations about confrontation, to clear the essence of confrontation, to clarify the concept of the right. Secondly, this article has reviewed the rights of confrontation of the criminal defendants' history of emergence and development, from its history feel that the value of it. Thirdly, analyzing theoretical basis of the right what how to generate and develop. By analyzing the theoretical basis explained why the defendants need the right of confrontation in criminal trial.The second part, mainly describe and analyze the basic principles and system how to protect the full realization of the right of confrontation in foreign. The rights of confrontation of the criminal defendants from theory becomes a reality required a set of measures. Abroad, mainly through the rules of criminal evidence, discovery system, witness system, the cross-examination system, the right to compulsory process, make the rules and the system implement into specific cases. Through the analysis of a series of rules and system, straighten out the core of its reasonable, with a view to improving the reform of the court to confront the role played draw.The third part, mainly analyzing the status quo of the rights of confrontation of the criminal defendants. Mainly analyzing and reflecting the rights of confrontation of the criminal defendants' the legislative and judicial status at this stage. Whether it is our country's Constitution or the Criminal Procedure, criminal defendants are not clearly defined the right to enjoy the confrontation. In judicial practice, Low attendance, the rights of reading criminal file of attorney is not effectively protected many files record in the court investigations, criminal defendants can not effectively carry on the rights of confrontation. Through analyzed the status of legislative and judicial of the rights of confrontation, reveal the causes and effects what can not the effective exercise, in order to solve these problems objectively.The fourth part mainly on improving the rights of confrontation of the criminal defendants. For the formal current status, learn from foreign experience in the theory and practice, on how to effectively protect criminal defendants' rights to confront, implement the substance of the court investigations make the idea in theory. Further clarified in the legislation on the right to confrontation of the accused, set up the security system that realize the relevance of the right to confrontation, Including: established the principle of directness and verbalism, set up a sound witnesses system, scoring system to improve the rights of reading criminal file of attorney, set up mainly to cross-examination, terms of reference asked supplemented.This paper attempts to start from the root causes, consider how to protect criminal defendants the rights to confrontation, to provide another perspective of the sound. Because my theoretical knowledge shallow and reference materials is limited, there are omissions in the article, but also hope experts correct the mistakes.