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Study Of Criminal Cross-examination Procedure

Posted on:2014-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:S Q RenFull Text:PDF
GTID:2256330425965358Subject:Law
Abstract/Summary:PDF Full Text Request
Cross-examination is the core of court trial. It is the basis for confirming thefacts, and the method to verify evidence, and also the necessary procedure toguarantee a fair trial for the defendant. Effective operation of cross-examinationrequires a structure of confrontation between accuser and defender, and a clearcross-examination session. Judicial practice has proved that the effect ofcross-examination depends largely on scientific rules for cross-examination. TheCriminal Procedure Law of the People’s Republic of China (hereinafter referred to as“the new Criminal Procedure”) was implemented on January1st of2013; and it,together with The Interpretation of Supreme Court on the Application of “the newCriminal Procedure”(Interpretation2012, No.12)(hereinafter referred to as “the newCriminal Procedure interpretation”), expanded the evidence system, madecomprehensive regulations on types of evidence, evidence collection, evidenceclassification and identification, witnesses, investigators, appraisers and illegalevidence exclusion, etc, and has achieved remarkable results on regulating theexamination and application of the evidence, enhancing the base for the quality ofcases, standardizing judicial conduct, and safeguarding litigious rights. However, asfor the most important cross-examination procedure during the trials, there are noclear rules and regulations for the subject, contents and procedure ofcross-examination, and thus result in various confusions of cross-examination duringcourt trials, such as monotonic form, disjointed procedure. And also, the ill-definedcontents and scope of the rights for the judges to question, the imbalanced powerbetween prosecution and defense, and the lack of predictability in the proceedingsand evidence collecting, all these compromise the parties’ confidence in the safety ofthe verdict. Investigate the root cause, the reason is the court appearances mode basedon functions and powers doctrine mode in our country, the judges’ authority sex isstronger, the treatment of the prosecuting and defending parties cross-examinationindifference, and do not conform to the cross-examination system set up against the idea, also make the trial run the risk of become a mere formality. So at present, theconcepts the reforms of cross-examination are moving in to strengthen the socialistdirection. In terms of cross-examination rules, Anglo-American law system morematures and perfect, the main laws of rumors, cross-examination rules and disclosurerules of evidence. Every rule embodies a concentrated reflection of the socialistadversary proceedings of Anglo-American law system characteristics, has its uniquevalue and function, is worth us learning and using for reference.Cross-examination program design purpose is to identify the prosecuting anddefending parties whether the evidence material submitted as evidence, and the sizeto determine the evidence’s probative value by cross-examination. However, becausethe judge content and scope of inquiry right is not clear, power of the prosecuting anddefending parties imbalances, lack of predictability for the admissibility of evidenceand process, this greatly affected the confidence in the safety program as well as thatof the referee. And judges to proof authentication challenge the validity of the resultsof both sides is not the evidence of many not be effective with the legal debate stage,become the main evidence to support the defendant party views. Cross-examinationwill lose the value of the existence, and become a victim of formalism. Use theformalism of cross-examination to finalize and according to the application to thecertification evidence, a series of the wrong case what we already know, or even wedon’t know, is inevitable happen. Therefore, in the concept of human rights protectionis deeply rooted in the hearts of the people and reveals the background of proceduraljustice, it is necessary to reflect on cross-examination procedure in criminal lawsuitsystem and perfect, make it more conform to the modern rule of law spirit andconcept.In this paper, it is divided into three parts except introduction and conclusion.The first part, start from the concept of criminal cross-examination, to study thetheory meaning and characteristics of the cross-examination. As the criminalcross-examination, it requires the judicial officers under the auspices of theprosecuting and defending parties, in a trial, provided by one party to the other side ofthe defendant is the evidence of a crime or have a certain given circumstances, toquestion and argue for the judges to judge whether the evidence admissibility. It has their own uniqueness in cross-examination subject, object and the object,cross-examination rules.The second part, starting from the perspective of comparison, respectively in themain body, object and rules of criminal cross-examination, research conducted byoutside the Anglo-American law system and the basic situation of our country’scriminal cross-examination. The criminal cross-examination procedure ofAnglo-American law system more perfect, especially many of cross-examinationrules worth our using for reference. Criminal cross-examination of our country havetheir own characteristics, but also shortcomings, such as lack of complete and detailedcross-examination rules in legislation, in practice the equality of the prosecuting anddefending parties in the judge’s neutrality and the right of cross-examination of thedefendant and the witness to appear in court rate and so on, there is need to perfect.The third part, from many Angle such as the formulation of rules ofcross-examination, the role of judges, the status of the prosecuting and defendingparties and the expansion of the rights and improve the social environment and so on,how to improve the system of cross-examination procedure in the criminal lawsuit ofour country, to put forward specific proposals, trying to complete thecross-examination rules in China in the herself soil at an early date.
Keywords/Search Tags:Criminal Cross-examination Procedure, Cross-examine Mode, Rules ofCross-examination
PDF Full Text Request
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