Civil Action Cross-examination System

The system of cross-examine procedure is a fundamental part of the judicial litigation, and one of the basic procedures of the litigation activity. The cross-examine affects the judge finds the facts of the case, the relationship between the parties to the litigation rights and the judicial protection, and relates to the judge of the judicial decision, that are indispensable for civil proceedings. This article is divided into four parts: the first part by comparing several representative view of reference, the proposed Testimony proper meaning that the main Testimony by the Confrontation, Testimony object, Testimony content, and other factors constitute the a standardized system. In order to have a deeper understanding of the cross-examine procedure, the partical focus on three major elements. The second part is extraterritorial cross-examine model comparison study. Anglo-American law system, "the parties" cross-examine model, implemented on the testimony of witnesses as the center of the trial system, activities leads by the parties, focus on procedural fairness; civil "terms of reference" Testimony of witnesses is obligation, the judge play a important role, the rights of parties are restricted. The actual situation in various countries and different backgrounds, there are no strengths and weaknesses of the model, analysis extraterritorial cross-examine systems, should focus on an analysis of the underlying deep social roots. The third part is cross-examine system analysis and mode selection of china. Legislation and practice from the perspective of China's cross-examine system theory and reality issues, and in-depth analysis of reasons, summing up our country's cross-examine model deficiencies, on the basis of our country should be made to their situation as the starting point, absorbing the merits of the two modes on the basis of open a new path, the weak powers of the cross-examine model is the perfect comparison choice. The last part is the focus of this paper. This paper presents the former part of our system of civil cross-examine by the existence of the problem and, in conjunction with the development needs of cross-examine system, put forward three proposals. First, the perfect pre-trial preparation procedure, so pre-trial preparation and court investigation of the formation of organic links as a whole, making the trial Testimony, the debate more clearly and efficiently. Second, improve the system of witnesses to testify. By the appearance of witnesses should be established mandatory system, the economic and other witnesses to achieve witnesses. Finally, the full implementation of the operation of the overall system Testimony guiding ideology, content and ways Testimony from the start, the seven rules of evidence Testimony be reconstructed, with a view to making cross-examine system more scientific, and practical.