Research On The Right Of Cross-Examination Of The Crime-Accused

The interrogation between the crime-accused and prosecuting witness in the court is considered to be a fundamental right of the crime-accused in the advanced countries ruled by law. This right has been stipulated for the citizen's constitutional right in some countries, the right of cross-examination has even declared for citizen's fundamental human rights in some international treaties. However some stipulations related to the right of cross-examination of the crime-accused in the legislation and the judicial interpretation of our country are from for assisting the judge to examine the truth of evidence, not for the fundamental right of the crime-accused. Simultaneously, the judge also generally have hold the trust to the behaviors of censoration and public prosecution organ in the judicial practice and have believed that their evidences are usually real, therefore the prosecuting witness needn't the interrogation in the court, thus the judge have widely hold the negative attitude to the testification and caused the few witnesses to appear in court to testify in the practice. The right of cross-examination exists basically in name only in the criminal trial and the safeguard of the right of cross-examination of the crime-accused is without knowing where to begin, thus it has greatly hindered the process of development of human right which our country have continuously carried on. The introduction of the principle of due procedure of law has the important practical significance to the safeguard and perfection of the right of cross-examination of the crime-accused. Therefore, this article takes the principle of due procedure of law as the theory starting point and explores the reform mentality of safeguarding the right of cross-examination of the crime-accused in order to bring the system of the right of cross-examination of the crime-accused into play fully the basic function in safeguarding the citizen's fundamental rights in our country.