On The Right To Confront The Accused Asked

The right of confrontation is defined that a criminal defendant has the right to confront adverse witnesses and cross-examine them in all criminal trial against him by himself or his advocate. The theory of the right of confrontation is one of the most important theories in Anglo-America system. The main function of the right of confrontation is that it guarantees witnesses against the defendant presenting in the courtroom and producing their oral testimonies. At present, the situation which witnesses are not present in the courtroom is very popular. Hence this leads to the failure of the trial model of "adversary system" in practice. Therefore it is essential for our country to draw lessons from Anglo-America system.This thesis includes two parts: an introduction and five chapters, more than 50,000 words.In An Introduction of the thesis, the author briefly explains why our country should import the theory of the right of confrontation from the West World and develop our witnesses-present system.In Chapter One, the author traces the history of the right of confrontation from the Rome law to the law of international human right.In Chapter Two, the author delineates concrete contents of the right of confrontation, It mainly comprises two contents: the right to confront adverse witnesses and the right to cross-examine them. Further, the former includes the presence of witnesses in courtroom and the face-to-face confrontation between a criminal defendant and witnesses agonist him. The later ensures a defendant's right to cross-examine to witnesses adverse him in trial.In Chapter Three, the author compares the right of confrontation with compulsory process, rules against hearsay, the rule of cross-examination in order to make the right of confrontation easier understood.In Chapter Four, the author analyses the justification of the right of confrontation and its values and considers that the due law process its basis and values of the right of confrontation and its value lies in the guarantee of human right.In Chapter Five, after of the analysis of present station to require witnesses present in courtroom and to produce their oral testimony, the author thinks that the right of confrontation from Anglo-America system.