Discussion On The Perfection Of Cross Examination System Of Criminal

Criminal evidence is the important material basis that can prove defendants guilty and guiltless, this crime and that crime, light crime and heavy crime. While cross examination is the middle link which ties the proof and the authentication, and also the necessary procedure and effective way that two sides argue mutually according to the evidence, audit organs review, and authenticate evidence. Through the cross examination, the evidence materials provided by the opposite side to the court, two parts of the accused and the defended, around the objective, authenticity and relevance of the evidence, with the aid of logic thinking and legal reasoning, quickly point out the contradiction and one-side parts that two sides provide evidence to the court, to exclude each other evidence, it can be realized the purpose that excluding the evidence of opposite side, adopting their own evidence, the importance is self-evident. Effective cross examination system can not only provide protection to help identify the veracity of the evidence of litigation parties, find the truth of the case for the court, and the judge make correct referees. But, the related laws of criminal litigation and regulations do not make detailed regulations on cross examination procedure and cross examination regulation. In theory, and judicial practice it does not reach the consistent view. The role of cross examination system does not give full play, which cause many evidences of defects enter into criminal court trial procedures. They are even used as the main evidence to make conviction. The tragedies of unjust cases and misjudged cases appear again and again. Cases of She Xianglin and Zhao Shuhai are the typical representatives. Therefore, the author thinks that it is necessary to further discuss and perfect cross examination system of criminal proceedings. Giving the vital role to full play in eliminating flaw evidence and preventing unjust cases and misjudged cases.First, the author takes the general theory of criminal cross examination as the breakthrough point, focuses on the origin, concept, characteristics and purpose, value of criminal cross examination to make a summarization. It shall be cleared that the important significance and value in theory and judicial practice. On the basis of fully grasping the most basic concept of cross examination system, the background of unjust cases and misjudged cases of She Xianglin and Zhao Shuhai and case process need to be guided into, from the point of view of criminal cross examination to analyze and deconstruct. If case of She Xianglin can be understood, after the new criminal law was enacted in 1997 and the right of criminal suspects was stressed, why the handling of the process of Zhao Shuhai case and that of She Xianglin are in a similar way? On the surface, the improper influence of judicial environment and social public opinion and inquisition from torture are the first cause, but after the above cases are understood. Criminal trial does not have cross examination or formalize cross examination and destroy the last barrier to prevent misjudged cases.The procedure justice and filter role of cross examination do not give full play, and eventually unjust cases and misjudged cases occur. So, inferring from the results, perfecting the criminal trial cross examination system has an important significance to eliminate the defect evidences, prevent and avoid the happening of unjust cases and misjudged cases.Second, the author makes a brief introduction on two law systems of criminal cross examination system. Through introducing the traditional legal culture and value concept, the mode of litigation and trial way in the two countries of legal systems, disadvantages and disadvantages of criminal cross examination system of two legal systems are compared and analyzed. Then it can be summarized and obtained that the core safeguard mechanism of cross examination system of two law systems: Effective evidence acquisition mechanism and good debate environment have the important reference value to further perfect criminal cross examination system in our country.Finally,through comparison to the advantages and disadvantages of cross examination model of the two legal system, the author puts forward that adversarial system cross examination model should be selected, learned from and stressed in process of court trial in China. Simultaneously, taking the wrong and unjust cases of She Xianglin and Zhao Shuhai as clue, two aspects of the present legislations and judicial practice situation of Chinese criminal cross examination system are carried on thorough analysis. Functions of criminal cross examination system are not highlighted, and the advantages are not obvious. Seen from the outside, it is because provisions of criminal cross examination system are not perfect, but after thinking still further, in the author's opinion, factors outside the system should be the important reason of the empty set for cross examination system: Homicide cases must be solved evolves from slogan to target, law enforcement officials'thought of presumption of guilt is deep-rooted, public security organs, procuratorial organs and people's courts cooperate well, restriction is insufficient, extort confessions by torture is long-standing, responsibility assigning mechanism is unsound, evaluation system of judicial work needs to be improved, and laws cannot make effect by itself. The construction of safeguard mechanism of criminal cross examination and the improvement of judicial environment should be also the important content of improving criminal cross examination system. Therefore, the improvement of criminal cross examination system is a systematic project, which needs good judicial environment, scientific cross examination procedure and achievable cross examination regulation to be the guarantee.Based on the actual work, from the point of view of the judicial practice, rational suggestions are put forward to perfect the criminal cross examination system: On the one hand suggesting to improve the judicial environment of China's criminal cross examination system operation, specifically it includes establishing procedure justice consciousness, enhancing the confrontation of trial structure and securing the debate time of cross examination procedure, making cross examination system can really get attention and application; on the other hand, suggesting to perfect the criminal cross examination mechanism, specifically it includes clearing subject and object of cross examination, cross examination, clearing the way of cross examination and perfecting the criminal cross examination regulation (perfecting exclusive rule of illegal evidences, perfecting appraisal conclusion of cross examination regulation and establishing the hearsay evidence rules). Making the role of cross examination system can give full play, and realize the goal of preventing unjust cases and misjudged cases.