Research Of Criminal Cross Examination System

Cross-examination is the product of Anglo-American adversary system. The typical characteristics of Criminal Cross examination is that prosecution or defense attacks adverse testimony deficiencies of witness to expose opposition fakes each other and mine favorable ingredients of adverse testimony to support its arguments, then reveal the truth through equal adversarial inquiry, according to court rules and rules of evidence. Therefore, Cross-examination could reveal the true to protect the party's rights between their debates so that it has a great procedural justice value. Cross-examination has attracted imitators and has been introduced by the world because of its unique charm and value. The result is usually failure for Power and Adversary are in conflict in the state of introduction.It is not difficult to find that power of public authority reduced the right of Cross-examination of the parties to play in space.In common law, Cross-examination is the rights of the parties and couldn't be deprived by the judge.The establishment of the right of Cross-examination is important to exclude the intervention for the parties and to form equality and confrontation between the parties.First of all, Cross-examination fully protects the rights of the debate between the parties and is conducive to the equal status of both prosecution and the defense; Secondly, the principle of direct language in Cross-examination helps to protect the information symmetry and it is conducive to the formation of confrontation between the parties; Once more, Cross-examination demands the trial judge to remain the negative and neutral position.Finally,it protects the right of the parties to implement Cross-examination, raise the space in equality and confrontation between the parties.Equality and confrontation of parties includes not only in court proceedings but also in the information symmetry before the trial. Direct language rule requires all the evidence must be shown in order to be taken as a basis in the court; the principle of negative and neutrality requires the judge not to take the initiative to understand the facts of the case before court in order to avoid subjective prejudge of judge on the facts of the case and not to intervene in the trial actively to the parties in order to avoid the right be compressed.With the rapid economic development of China, it is increasingly necessary for judicial reform in China to meet the needs of the people on the rule of law and civilization in the procedural justice. China may establish a "judicial SAR" to introduce the jury system and plea bargaining in an open economic zone so that procedural justice and legal efficiency is improved in different procedures. China may further improve the Cross-examination of court procedures in the introduced and initial Cross-examination.It is continue to introduce the relevant rules of evidence and supporting systems of Cross-examination for system introduction, local flowering and full extension.