On Cross-examination System Construction

The cross-examination is of great importance as protection of the accused's right. This article tries to find out the reason why our nation's cross-examination system doesn't work, help to improve our justice system by abandoning the authority principal, establishing a right-duty highly unified cross-examination system and lawyer involved system. This article believes that our system overweights the truth and we should think twice on the suit system and the evidence rules, and balance the substantive justice and procedural justice. This article also compares systems of different countries, and the difference between our present situation and the situation of the USA and UK. By all these work, this article tries to improve our criminal justice and ensure the justice.This article has four parts.The first paragraph briefly introduces the cross-examination. First we discuss the definition of the cross-examination. The main purposes of cross-examination are to elicit favorable facts from the witness, or to impeach the credibility of the testifying witness to lessen the weight of unfavorable testimony. The second part is some basic theories about the system. At last we discuss the value of the system.The second paragraph is the structure of the rule. Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony. The first part introduces the procedure of the cross-examination by comparing the systems of different nations. The second part is about the basic rules of the system. The last is the special rules of the system.In the third paragraph we analyze the defects of the examination to testimonium of our country. In the United States Federal courts, cross-examining attorney is typically not permitted to ask questions which do not pertain to the testimony offered during direct examination, most State courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination. The present situation of our cross-examination system needs great improvement.The last paragraph is about the advice on how to rebuild our nation's cross-examination system. Cross-examination is, arguably, the main purpose of a trial. Though the closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials. The article shows a detailed model of the expected rules of the system.