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Research On The Cross-Examination Institution Of Criminal Procedure

Posted on:2011-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2166360305476288Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important method of witness examination in the court trial process, the Cross-Examination reflects concentratedly the character of antagonistic lawsuit, and it is sung high praise for"the best equipment for finding truth"by scholars of Common Law System countries. Our criminal procedure law revised in 1996 reinforces the function between prosecution and defence, and establishes the inquiry institution in legislation, which makes the mode of court hearing thansform to some extent the authoritative lawsuits model into the antagonistic one. However, there are greater discrepancy between our existing institution and the typical Cross-Examination institution in common law, as the reasons for the omission of legal clauses, the binding of legal concepts, the absence of necessary institution, and so on.This article starts with the defect of our existing institution, and discusses the proper value if we introduce legitimately the Cross-Examination institution into our law, as well as the limitations shoule be overcome. On the basic of these analyses the author suggest several sides'assumption, aiming at the conditions we shoule satisfy. These assumption mainly involve to rebuild the Cross-Examination rules, to design the necessary institutions, to reinforce the court trail's confrontation, to limit the judges'power, to enhance the lawyers'inquiry skill, and to give necessary restrictions.
Keywords/Search Tags:Cross-Examination, Adversarial system, Evidence-exchanging, Leading questions
PDF Full Text Request
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