A Study On Right To Confrontation Of Criminal Defendant

The right protection has been the modern society hot topic of discussion,since the reform and open policy,our country in a government by law construction master line is strengthens to the rights of citizens safeguard.Analyzes the criminal evidence system from the right protection angle,directly relates the right protection in scopes,ways,limits conflict and so on,these questions are affecting the criminal procedure and the evidence system concrete design, has directly pointed.The right of confrontation is defined that a criminal defendant has the right to confront adverse witness and cross-examine them in all criminal trial against him by himself or his advocate.It is an important right of criminal defendants,has been accepted and recognized in most countries,international treaties have established as a fundamental human right,many countries rose it to the conxtitution right altitude.I want through the understanding confrontation system development advancement and its existence significance,profits from our country already some research which has,do more deeply studies,constructs suits in our country national condition practical and feasible confrontation system.This article through to confronts the system and correlation points combing with the summary,analyzes its existence value and the significance,emphatically in the overseas development condition,carried on the comparison test inspection take the British and American legal system and the mainland legal system as the foundation,proved this right’s basis to take an accused person’s basic human rights,unified our country about the questioning witnesses specific stipulation and the legislation judicature present situation,related it with our country judicature practice in related evidence system carries on the comparative analysis,confronted the power from the accused person the basic content to embark,the intention found suits our countryThe national condition criminal accused person confronts the power system,thus proposed to consummates our country to confront the power system the conception.This article major point has four:First,the confrontation does as a temporary measure for criminal accused person right protection domain basic human rights,its existence is necessary and has the practical significance;Second,our country authority principle trial pattern could not have a new look thoroughly,causes the record center principle still to occupy the hearing the dominant position,and therefore caused to confront the power to the criminal accused person the neglect;Third,our country related evidence system legislation incomplete and the judicial department caused the present system to the accused person basic right neglect to twist in reality;Fourth,the establishment suits our country judicature practice the confrontation power system,gives the accused person the basic right the protection,is one of consummation current legal system methods.