A Research On The Cross-Examination System Of Criminal Litigation

The cross-examination system, which plays an important role in American Legal system’s accusing and defending criminal lawsuit, is regarded as the most effective method of inspecting evidences.In the year1996, the Criminal Procedural Law has been revised. The old court trial system has been reformed. At the same time, the revised law has introduced American Legal system’s accusing and defending criminal lawsuit. The legislator has set a similar system to American Law system in order to inquire a witness and promote the transform from inquisitorial system to adversary system.However, the cross-examination system has not played a full part in the judicial practice, because the criminal litigation reform is not complete. As a result, there is an fierce debate on the application of the cross-examination system among the academic and practical relevant researchers. The author of this paper has read a large number of the materials of the cross-examination system before writing. This paper has given a preliminary research on the content of the cross-examination system、 the comparative analysis of the American law system and the common law system as well as the application of the cross-examination system in China. The purpose of this paper is not only the introduction of the cross-examination. And the main purpose of this paper is promoting the research of the cross-examination and building a suitable system for China by means of the study of foreign country’s cross-examination.This paper could be divided into three parts:the basic theory of cross-examination system; the comparison analysis of the American law system and the common law system; build the suitable system for China. The first part of the paper is the basic theory of cross-examination system. The author has defined the cross-examination system, and introduced the system’s orders、scopes、objects、subjects and manners. At the end of this part, the author will research the value orientation and the function orientation of the cross-examination. The second part of this paper, there is a brief introduction of the American law system’s cross-examination system. And then the author has introduce the application of the common law system’s cross-examination system. At the end of this part, the author has compared the application of cross-examination system of the two law system. The third part of this part is about the construction of cross-examination system of the criminal lawsuit of our country, including the operation some existed problems of the cross-examination system in our country. At last, the author has given some suggestions on the future reform of the cross-examination of our country.