| Cross-examination is an independent link of the judicial certificate, promulgating in 1979 in the our country 《 code of criminal court 》 and promulgate in 1982 I code of civil procedures( try the line) ? didn't explicit provision cross-examination procedure, is mainly at that time under the influence of the job power doctrine litigation mode, the point to be attended to of the law is a judicial personnel's reviewing judgment to the proof, more concerns of people of and even had the actual meaning is a judicial personnel how affirm and adopted the proof, and the party concerned queried to the proof to argued to was usually neglect with quality, also can't produce result in judicatory practice. In 1991,the first explicit examination right was established in 《 code of civil procedures( try the line) 》 enacted again, saying Proof must be shown in the court and examed reciprocally by the part-takers. In the year 1996, promulgate of 《 code of criminal court》 also used the concept of cross-examination, the provision" witness the certificate speech must ask through public prosecution person, victim and the person of the accused, defense counsel's both examinations on the law court, cross-examination". Such process was wholly established in our system. But at that time of judicatory practiced to win, cross-examination problem did not cause the enough value, neglecting in the process of the litigation link win also can not become an independent judicatory certificate link, still being the attestation procedure of first part, even a lot of cases at take up to cross-examination of parts of proof. Until 1990s,with the reformation of our country's sentence way, proof was more and more focused and, with the strengthen of taking out proof duty and the form of neutral judgment, examination was more and more emphasized.In fact many nations abroad, cross-examination procedure was already establish and is a very important litigation link in the litigation procedure, to take British andAmerican nations as an example:" Cross-examination" is called" cross the inquiry" English expression as" cross- examination". Thus, so-called cross-examination, is the ask to the other party the witness in fact, to the other party the words that witness speak, the document post notice, gain to authenticate the conclusion to carry on lawyer's ask, confirm it can be believable, this also is to cross - examination.In the our country quality certificate procedure although be value in judicatory practice gradually, because of the guarantee rule that be in need of a set of integrity, make the important function of this litigation procedure can't complete body now.The writer commences from the guarantee rule of the research pertaining to crime quality certificate procedure namely, intent lawmaking of promote the perfect pertaining to crime cross-examination rule, establish the pertaining to crime cross-examination guarantee mechanism. The next in order, analyze the current lawmaking of our country to the present condition of the pertaining to crime quality certificate guarantee rule and the problem for face. End, from five put forward the establishment our country pertaining to crime cross-examination guarantee rule. |
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