Rules Of The Examination Of Witnesses In Criminal Proceedings

Evidence as the basic conditions of the litigation activities, play an extremely important role in the activities of the proceedings. The testimony of witnesses as a legal evidence, the evidence is extremely important. The modern trial special attention to witnesses.Testimony of witnesses as a legal evidence in common law countries, almost all evidence material to go through the language expression into evidence. In civil law countries, the testimony of witnesses in proceedings application is also extremely popular. Witness testimony has extremely important and irreplaceable role in the evidence, has long been of concern.In our country, as established by the Code of Criminal Procedure a legal form of evidence, the testimony of witnesses in criminal activities as an extremely important position.Taking into account our current criminal trial activities in the provisions on the questioning of witnesses rule is more general and lack of maneuverability, has lagged far behind compared with the developed countries, there are perfect the necessary practice(Unless otherwise stated, the questioning of witnesses in the rules in this article refers to the questioning of witnesses in the criminal trial rules). With the concept of human rights in the deepening of our country is deeply rooted in the hearts of the people at the same time, the improvement of the status of the litigants, the development of the defense and prosecution balance system, the Witness System will become increasingly important. To ask the witnesses will place increasing demands, eventually asked the witness rules will be more and more attention, even asked to produce professional the witness training institutions or law schools in the country to become an independent course. Taking into account the theoretical and practical needs, the paper starting from the major countries of common law and civil law countries Rules questioning of witnesses. In this paper, by analyzing the content of the Two Schools of major countries asked witness rule, features a systematic comparison of major countries asked witnesses Rules of Two Schools. On this basis, combined with the current status quo of the questioning of witnesses system, found the country to introduce the system of cross-examination of the common law countries, asking witnesses to the characteristics of the system and insufficient. In the premise of the questioning of witnesses Contact Two Legal rules the pros and cons of the proposed rules of the questioning of witnesses suitable for our country at this stage of criminal justice:Mainly include mining information on the testimony of witnesses, strictly implement the direct words to weaken the dominant position of the judge in the trial, explicitly asked the main body of the witnesses to establish opening anti inquiry range, perfect prohibited induced asked rules, improve the examination of witnesses objection rules such as content.Unless otherwise stated, the inquiry and the main inquiry of this article appeared in the direct and direct cross-examination, said the same meaning; cross-examination and the anti ask the same meanings as well as cross-examination.