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Research On The System Of Court Questioning In Our Criminal Procedue

Posted on:2011-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:W F ZhangFull Text:PDF
GTID:2166360332955101Subject:Litigation
Abstract/Summary:PDF Full Text Request
Criminal cross-examination is the judge accepted evidence, the premise and basis for certification, It is an important activity in the areas of litigation. And it has become the modern criminal trial activities necessary process. As an important part of the litigation, It has become a necessary activity of criminal trial procedures. Along with the criminal justice model and the trial structure reform, evidence of growing attention, the impact of cross-examination the judge's ruling is becoming more and more important, and therefore the question of criminal cross-examination theory and practice in our industry are gaining increasing attention. It has become the objectv which the scholars and judicial officers discuss widely. It in part reflects that the structure of our legal and judicial philosophy changes.1996 revised Criminal Procedure Law of the criminal justice approach to the appropriate reform. The introduction of the adversary system of rational factors, weakened the traditional Chinese criminal trials Power of factors have also been the System of Criminal development to some degree. But due to historical reasons, Chinese Criminal Procedure deeply influenced by the authority principle, System of Criminal exist some limitations'not only in the criminal law, but also criminal justice practice. To some extent it caused the cross-examination the trial a mere formality, its functions and values are difficult to get into reality.In order to cross-examination of the role and value of the criminal on criminal procedure in a real role to play, we must quickly improve the System of Criminal our existing.This article is divided into four parts of the system about the criminal trial cross-examination article.the first part is about the basic theory of the System of Criminal,in this part the criminal cross-examination of the meaning and value factors were analyzed. The second part is the Model of Two Schools cross-examination. Advantages and disadvantages of Two Schools cross-examination by comparative analysis of patterns,from which i draw some inspiration, some reform and improve the System of Criminal ideas. The third part is on trial in China the status of the System of Criminal analysis to explore the cross-examination of our court system problems and contradictions. The fourth part, the System of Criminal perfect for the status of the System of Criminal raised some specific views on the reform and improvement.
Keywords/Search Tags:Criminal cross-examination, Legal status, The evidence writes out, Examination Pattern
PDF Full Text Request
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