Value Extraction Of Common Law's Cross-Examination For China's Civil Testimony Identification

As China's economic development, the legal awareness of people's rights enhanced gradually, thus lead to the great increase of civil cases, also the court judgements by judges. Civil trial testimony identification mode quietly changed during the transformation, the adversarial nature of litigation between both parties has become increasingly evident, the functional role of judges tend to wake. New trial testimony identification methods called for reconsideration of the litigation value in case detection, dispute resolution, the protection of procedural justice and efficiency of the proceedings, which brought great changes to the content of testimony identification. A new mode of trial and testimony identification is affecting the reform of civil procedure, that is Cross-examination.Cross-examination system is a product of adversary litigation in Common law system, its formation has a relatively mature social background, which is in line with modern democratic and fair thoughts and the concept of law, all those are what we need in current stage of legal reform. Cross-examination as a Common law system of trial approach differs significantly from the Civil law system, rights and obligations of the parties is the leading role in Cross-examination of common law, while the management of actions is assigned to the judges. The Civil law emphasis on the functional role of the judges. Two models are subject to different national long-standing judicial tradition and have their own advantages and disadvantages which were kept in a relatively independent development. But social progress has brought a integration trend between the two models. One's shortcomings are being offset by the others'advantages. And now the reconsideration of the value of Cross-examination has become an important part in the civil trial of our country.Relevant systems and regulations of Cross-examination will fit the growing demand for civil rights, also be helpful to strengthen the dominant position of the parties and to prevent the abuse of judge's power, thus it draw many people's concern. Based on the need for reform of trial Cross-examination, this essay is aimed at exploring the benefits of Cross-examination for the reform of China's civil trial.Besides the introduction, the paper is divided into four parts:In the first part of this paper, the author begin from the content and function of the civil trial witness testimony questioning, then introduced both the judge inquisitorial system in Civil law countries and Cross-examination system in Common law countries useing a theoretical analysing method. Subsequently summarizes the characteristics of the two models from a comparative law angle and also the characteristics of China's civil trial testimony hearing with respect to the characteristics of Cross-examination.In the second part, the basic procedures of Cross-examination were introduced at first, including Examination in chief, Cross Examination, Reexamination, Recross Examination and their own scope, then compared the two ways of exporting proceeding testimony.After that, all kinds of rules and regulations that secureing the conduction of Cross-examination are introduced, such as"rules are mainly about Witnesses classification rules, rules of believeing in their own witnesses, rules of leading questions, rules of parties' dispute, hearsay rules, opinion evidence exclusionary rule", Security system are"witness system, discovery, litigation counsel system and so on".The third part of the paper introduced the negative problems encountered in the run of the Common law countries society at first and then summarized the developing trend of Cross-examination. Subsequently summarized the relevant factors in the development in China's civil proceedings reform. Finally, the author performed a study about the problems in the introduction of Cross-examination to our country.The fourth part include two respects: first is a study about the value and function of Cross-examination from the system itself and the purpose that was designed to pursue, following the evaluation and analysis on both respects. Finally author give out three aspects of reform proposals for the civil trial Cross-examination around the rules and regulations in Common law countries.