Criminal Cross-examination Of Institutional Research

Cross-Examination as an important witness inquires institution in court trialprocess, is the typical expression of the "Adversarial" mode in Anglo-American lawcontext. After the amendments of new criminal procedure law, and absorb reasonablefactors of the antagonistic lawsuits model in the Anglo-American countries. Ourcountry reconstructs the criminal court trial pattern which on the basis of theseparation between accusation and interrogation, have introduced theCross-Examination institution similar to Anglo-American countries in our country.But it hasn't play its roles, because of the original lawsuit pattern and realisticnational condition, the Cross-Examination institution only conform to therequirement in exterior form, still in-depth study and lack of full implementationwith theory and practice. In view of the fact, it is important for us to achieves thereform of the Cross-Examination institution rational and have actual effect. Solvesthe problems that how to combine the original lawsuit pattern with the newinstitution, and expand the defendant's rights in the court trial.The Cross-Examination institution of the Anglo-American countries is mature,can divided into preparing procedure and court trial procedure, which include theprocedure, main regulations, and technique methods. Compared with its practicalsituation, can be summarized as different modes and relevant regulations, containedthree aspects: the relevant procedure regulations, mainly evidence regulations, andrelevant lawsuit regulations. The lawsuit regulations include the appearance in courtof the witness; the full use of the lawyer's defense function; improve the judges,prosecutors and lawyers system .All of the theory will provide the reference of theCross-Examination institution in our country.As the one of the most characteristic institutions of antagonistic lawsuits, theCross-Examination institution has stated that the liberalism, fair play and relativesystem are the theoretical bases of it. Under safeguard of the thorough technical rule,the Cross-Examination institution will helps reveals the truth by means of interaction in prosecution and the defense; also it helps guarantee the human rights. The innershortcomings of the institution are the hindrance of finding the real facts, theinfluence of the procedural justice and the impairment of efficiency. We shouldenhance strong points and avoid weaknesses, provide the mentality of transformationtraditional in judicature idea.Our country has been going further into the reformation of the criminalprocedure, displays in the legislation and the judiciary.But it hasn't achieve thedesired results, owing to lacking complete and effective necessary measurements ofthe Cross-Examination institution, result in perform practically no function in thepractice.The reasons that made the institution couldn't play its roles in thecriminal lawsuit of our country, which include the check of the theoretical bases,impediment of the real essence principle, the lack of the procedure andcomplete sets. As to the reformation and improvement of the institution in ourcriminal procedure, we should select the mode of the parties to a lawsuitplay leading roles, and grasp the least of confrontational, combine theexperiences of ourselves, accept both of the merits of the Cross-Examinationand judge investigation. As to the improvement of the institution's basic procedure,which include the way of witness's testimony and the sequence, scope, mainregulations of the institution. The establishment of the relevant regulationsshould build up the institution that the preparing procedure, entrusts with nor shallbe compelled in any criminal self-crimination rights to defendant, the witness'sappearing in court and the lawyer's defending for the accused. Use the experienceof the antagonistic lawsuits model in the Anglo-American countries, result incompetitive and creative imitate with a sense of rational criticism.