Study On The Improving Our Current System Of Cross-examination Of The Civil

Civil cross-examination system is a more important one among the civil system. It is an important part of judicial proof, but also civil law is important to the procedural safeguards provided by the parties. The judge must choose the procedure when the evidence is selected, but also it is an important manifestation on implementing Direct Speech and debating the principles. I based on the learning of our current "Civil Law", some of the problems that exist in the deep insights and understanding for civil cross-examination system in the operation of civil legislation and practice. In order to "improve our current system of cross-examination of the civil", I begin to write with the title of cross-examination of China's current system of this paper.Four parts of this paper titled with cross-examination of our current civil system are described:First, civil cross-examination system is summarized and explained from all dimensions. The concept of civil cross-examination, components of civil, and civil issues related to current cross-examination are mainly elaborated in this section. The system of civil cross-examination is debated in today's academia. Through the analysis of the components of civil, the explanations for the civil subject, object and the content, and through civil-related content of our current cross-examination system, the current basic form of civil, and the concrete methods, it is beneficial to adopted different civil methods for varied civil evidence. And then the reasons of authenticity and legitimacy of the evidence will be found out and the evidence from the objectivity and relevance will be summarized.Second, two law modes of contemporary civil cross-examination are compared. Cross-examination modes in Germany, Japan, the United States and other countries are elaborated firstly. After elaborating for the two civil modes, it is necessary to make some comparisons and analysis for the two modes. It is important to focus on the advanced experienced and elaborated two cross-examination modes, and analyze the achievements and inadequacies which still exist. Through the analysis above, civil service is emphasized on cross-examination of China's current system, which is; tell us what to do in order to better play its due role in the civil system of cross-examination to for improvement of cross-examination of the defects in the path.Again, we will give an account of the defects of our civil cross-examination system. This section mainly talks about the legislation and practical operation of civil cross-examination from the two aspects, focusing on the several more salient issues existing about cross-examination of our system, which are also seriously, affected the normal operation of the cross-examination system. Firstly, the contents of our current civil system are described in detail. Secondly, the basic elements of legislation on cross-examination requirements and procedures are not clear, some contradictory, the status and role of the judges and parties are not clearly defined, which leads to a lack of practical operation of the overall guidance, seriously impacting on the functions of cross-examination; Finally, since the cross-examination rules are simple, of general lack of maneuverability, leading to formal and the phenomenon of conspicuous disorder in judicial practice, which is also the more serious problem which exists current system of civil.Finally, the perfection of civil cross-examination system is involved. This section is the focal point of the full text; mainly solves the outstanding issues to be addressed in the top parts for civil cross-examination system in order to reform to raise a point of opinion for civil. Firstly, the civil mode selection of the cross-examination is described; Secondly, the principles of civil cross-examination are discussed; again, the general operation of the procedures to inspect the situation is implemented for the National Civil cross-examination by the two legal systems. Through learning from their experience and considering the essential function of cross-examination, ensuring the procedure of security function in cross-examination and the pursuit of substantive justice, in order to ensure the orderly conduct cross-examination and other related factors, the system for the witnesses, experts and inspectors to testify in court system should be further detailed planning, which improves the basic elements and operation procedures of civil cross-examination. The exchange of evidence, the proof system for cross-examination of the parties, the duration of the status and role of judges are clearly defined, meanwhile, how to relief the right to civil cross-examines is clearly elaborated.