Research On Cross-Examination System

Cross-Examination is the phase of courtroom trial characterized by fierce conflicts. It is regarded as an effective and efficient way of eliciting the truth from the defendant. In the process of Cross-Examination, the prosecutor and the defendant both strive to construct their favored version of story through questions and answers respectively. To be regarded as a typical method of investigation in the Anglo-American adversarial system, it is emphasized that the prosecutor and the defendant should ask the witness in oral talk. It is started by the party who propose the witness first, the next the witness will be asked by the other party. In this form, to achieve the results whether the testimony will be true or false. The reform of China's Criminal Procedure Law in 1996, has absorbed a lot of prosecution and the defense adversarial trial patterns. In the legislation has initially established a system of Cross-Examination, but in the actual operation, it doesn't have a good effect. Ex official shows a strong power in the trial, as well as the absence of relevant supporting facilities are all inadequate. We can say that in our country is only with the shape of the Cross-Examination, rather than with the substance. Therefore, how to make Cross-Examination adjusted to our local environment, to fulfill its real value is a serious problem.On the purpose of improving China's system of Cross-Examination, This passage has done the research and analysis in common law countries and civil law countries on Cross-Examination and drew on its successful experience. This passage can be divided into five parts.First of all, introduce the concept and the basic content of the Cross-Examination System. Because it is these precise rules firmly fixed the overall frame work of this system, to ensure it can play an important role in the trial.Secondly, focus on the theoretical basis and value of this system. The autonomy and fairness theory and the dialectic theory have laid a sound foundation for the Cross-Examination System. Then the unique value of this system, namely, to achieve substantive justice, found that cases of real, to achieve requirements of due process and efficiency of value are important guarantee for this system to be the first in the trial.The next part elaborates the foreign Cross-Examination System and its supporting facilities. As we all known, that this system in the has already played its desired effects in the common law countries, while in civil law countries, the running soil is so different, so the role is not very apparent. We can say that this system is only beautiful furnishings. This shows that the operation of Cross-Examination need to be supplemented by a series of supporting systems, this passage mainly analyzes the differences between the litigation and the jury system in the two legal systems. Only in the antagonistic lawsuits model and under the jury system, the Cross-Examination system can find its good living space.From two aspects, including the legislative and judicial part, the fourth part describes the Cross-Examination System in China. And the differences are compared, so as to suggest that why this system in our country runs so unsatisfactory.Finally, based on the fourth part, the passage puts forward a few measures to perfect the Cross-Examination System in China. The measures are as follows:the procedures, scope, applicable rules (including witness classification rules, dispute rules, the relevant rules of evidence) and related supporting facilities (including pre-trial preparation procedure, the construction of discovery of evidence, the principle of the direct words, the perfection of criminal pleading system and the revolution and perfection of legal collective.)...