Civil Action Cross-examination System

The cross-examine procedure is a basic part of the judicial litigation, and one of the basic procedures of the litigation activity. The cross-examination affects the fact to a large extent, and it relates to the judicial protection of right and benefits directly, and relates to the judge of the judicial decision, and it is very necessary to civil procedure. The law gives cross-examination to the principles and rules generally, although the judicatory explanation makes up the shortage of the law to some extent, still results difficulty in practice. Currently, the theory circles still confront the research predicament of the evidence system. Therefore, the thorough research in civil case has the important theories and realistic values.The paper is divided into five parts:This paper analyzes, generalizes and definites accurately the various important points and concepts in cross-examination. Particularly for the main factor part of cross-examination, the writer for the first time distinguishes different persons to participate in the cross-examine procedure. The concept, main factors and values of cross-examination constitute the contents the first part of the paper.The second part is its characteristics and effects of the cross-examination. The writer analyzes characteristics of the cross-examination according to influence on the partier benefits.The third part introduce analyze cross-examine process, mechanism and rules in the Anglo-American law system, in order to expect to perfect our cross-examine system.The four part illustrates the current provisions in our civil procedure, aims at practice problems, analyzes the reasons of the problems, and sums up the shortages of the cross-examine system.The fifth part focuses on the drawbacks, considering our real circ and lessons from the foreign successful experiences, and puts forward some speculations about our cross-examination. The mode of our cross-examination should adopt to emphasize the function of partier concerned and weaken the mode of judge's power, and emphasize the main and prime position in cross-examine activity, and affirm...