Cross-examination From The Anglo-american System Of China's Civil Trial Testimony The Improvement Of Cross-examination Procedures

The Cross-Examination is a whole set of institutional stipulation, it is a series of rules that the litigant parties should observe in the court when they investigate the character witnesses who were called to the court. There are some stipulations related to the Cross-Examination, such as the witness forces to appear in court rule, the Hearsay Rule, and so on.The Cross-Examination Rule originated from the UK in 19th century. It is a very important stipulation in the common law system. It is named as "a distinctive rule in the common procedure law system". The Cross-Examination Rule conforms to the modern judicature idea, so it produces enormous influence to the inquisitorial procedure when it appeared. There is a big difference between the common law system and the civil law system in the way of inquiring witness. But the difference can not resist the influence of the Cross-Examination Rule. In recent years, the Cross-Examination Rule aroused enormous attention in the reforming of the civil procedure court hearing, becoming one of the hot topics of the civil procedure.But the civil procedure of our country is becoming a counterplead procedure. The author considered that we should study the Cross-Examination from the way of civil procedure, and establish its related other overcoat ability rules. This article is according to the above-mentioned purpose; use the Cross-Examination for the breakthrough point for exploring our country's civil procedure interpellation. I hope that this article can provide the trifle reference. This article is divided into five parts besides the introduction and the conclusion:The first part introduced the content of the Cross-Examination and the pattern of the hearing questioning. In this part the author first definite the content of the Cross-Examination, then introduced the two patterns of the hearing questioning, namely the inquisitorial system and the witness testimony questioning witnesses pattern.The second part discussed the Cross-Examination and the suitable rule. This part introduced the inquirer, scope, subsequence, fashion of the Cross-Examination and so on. In the part of the suitable regular, the author introduced the Rule of Prohibiting Inductive Inquire, the Hearsay Rule, the Opinion Testimony Rule and the Relevant Evidence Rule and so on.The third part is the supporting procedure. This chapter divides into two parts: witness to appear in court system and the institution of evidence discovery. In the part of the witness to appear in court system, the author introduced the present situation of the witness to appear in court system in our country, and then introduced the question of the ratio and takes the solution. In the part of the institution of evidence discovery, the author introduced the relation of the Evidence Discovery and the Cross-Examination, and pointed out the insufficient of the way of the evidence submission in our country.The fourth part is the analysis of the value and function of the Cross-Examination. In this chapter the author discussed the value of the Cross-Examination, and analyzed the function of the Cross-Examination. In the part of the value of the Cross-Examination, the author mainly mentioned the value of the Cross-Examination. The outside value of the Cross-Examination is carrying out the substantive justice. The inside value of the Cross-Examination is guaranteeing the procedure justice, and then mentioned the performance value of the Cross-Examination. In the part of the analysis of the Cross-Examination's value, the author elaborated the basic function of the Examinations-in-chief and the anti-inquiry, and then discussed the function of the Cross-Examination, it was discovering the truth and carrying out the litigation democracy.The fifth part is the improving of the inquiry procedure of the civil court hearing in our country. In this chapter, the author discussed the realistic predicament of establishing the Cross-Examination in our country. It is that the rate of the witness appearing at court, the influence of the judge predominance type in the traditional court reviewing, the imperfection of the Hearsay Rule, the Character Evidence, the Inductive Inquiry Rule, and so on, the simplifying of the technical inquiry, the present situation of the related system is not perfect, and then analyzed the necessity and the rationality of the Cross-Examination. Finally the author stated the speculation of theestablishing the Cross-Examination Rule in our country.