Study On The Guarantee Of The Criminal Defendant’s Confrontation Right

Criminal defendant’s confrontation right is a fundamental right to defense, to establish and protect the rights is not only beneficial to find out the truth of the case but also contribute to the achievement of the procedural fairness essence. In the present world, the defendant’s confrontation rights is widely recognized as a fundamental right or constitutional rights, but this right is not in our country’s current legal regulations. There are many problems in our legal practice, such as the witness does not appear in court, the trial functions is very weak. The essence of these surface problems is the damage to the interests of the defendant. The thesis firstly analyses the basic questions of the confrontation right, such as the basic element, the rights nature, the history and the theoretical basis. Then contrast the different legislative mode of two legal system countries on this right, highlighting the necessity to establish the confrontation right in our country. On the basis of analyzing the collection of Chinese trial case from January2012to December, to study on the status of the defendant’s confrontation right in China. The obstacles which prevent the confrontation right from realizing can be attributed to three aspects, criminal thoughts, legal regulations and the judicial practice, Including the pursuit of a real entity, the guilty presumption concept, lack of the legal basis, inadequate protection of the existing system, Imbalance in the strength of the prosecution and defense, the trial facing virtual risk. The thesis explores concrete reference measures which including changing in philosophy, to provide a legal basis, and refine the procedures etc, to help to resolve the problems.