A Research On Cross-Examination Of Criminal Trial

The system of criminal cross-examination is an important criminal proceeding, and this litigation activity in promoting the criminal proceedings, protecting human rights, combating crime, maintaining social stability, and achieving fairness and justice is of great significance. Looking around the world, the main rules of the Code of Criminal Procedure involve a relatively complex system of criminal cross-examination. However, in China the cross-examination in Criminal Procedure Law is extremely incomplete, rough and difficult to operate. With deepening of the criminal justice reform, the incompleteness of the criminal cross-examination system has become the bottleneck of the criminal justice and the effective functioning of the Criminal Procedure in our country, imposing a seriously negative effect on the criminal justice activity. Therefore, in order to improve our system of criminal cross-examination, it's necessary to study the cross-examine system systematically. This paper is divided into four parts, which involves about 40,000 words.The first part is an overview of the system of cross-examination. Based on the analysis and refutation of the concept of criminal cross-examination, the paper tries to offer a new * definition of the concept .The cross-examination is the activity offering the judge the evidence and helping the judge find out the facts of the case and the truth ,in which the subjects of the cross-examination are asked to identify, challenge, descript, explain and refute all the evidence ,to prove the objectivity, relevance and legitimacy of the evidence in the case and to confirm the availability of its proving ability under the auspices of the judge in the criminal process of criminal court.The second part is the investigation of the extraterritorial model of the cross-examination. The main part analyzes the leading system of cross-examination in the world, providing models for China's Criminal cross-examine system. None is suitable to our country, no matter the common law mode, the civil law mode or the hybrid mode. Nevertheless, the only choice is to establish a sort of system with Chinese characteristics, according to our national conditions and learning from the leading cross-examination of the criminal system in the world, in which the prosecuting and the defending confront and debate equally under the auspices of the judge.The third part involves the main problems of our criminal system of cross-examine. This section analyzes the main problems of our criminal system of cross-examination on both legislative and judicial aspects. On the legislative aspect, the systematic rules of cross-examination in our criminal system in the Legislative Council are in lack, presenting on two aspects: the criminal legislation doesn't systematically regulate the criminal system of cross-examine and the system related to cross-examine of the criminal system is lack of the perfection. On the judicial aspect, the legislative sloppiness leads to lacking the environment in the criminal proceedings and in this sense, the system of cross-examine becomes a mere formality.The forth part perfects China's criminal system of cross-examination. This section comprehensively analyzes the basic theory and specific design of the system on four aspects, which includes our system of criminal cross-examination, the rules of criminal cross-examination, the specific criminal design of the system, and other systems related to the system of cross-examination, establishing the equality rules, the direct language rules, the appropriate rules, the respect on human rules, the judge helping rules and so on. This part regulates the system of criminal cross-examination from five perspectives of the subjects, the objects, the content, the approaches and the procedures, and establishes or improves the discovery system, the system of witnesses to testify, the system of lawyer investigation and evidence collection, the system of investigation officers to testify in court.