Research On The Improvement Of Cross-Examination System Of Criminal Litigation In China

The cross-examination system,which plays an important role in American Legal system,is regarded as the "engine"of finding out real important case.The cross-examination system in our country is beginning to modify the criminal procedure law for the first time in 1996.Criminal procedure law of the change to make trial mode from the functions and powers doctrine to shift the adversary model.From then,Academic study of cross-examination system began to become independent and special research stage.Research articles and monographs of cross-examination system also appeared.To amend the criminal procedure law in 2012, for a lawyer, a witness to appear in court and legal aid system is improved, in large part provided the condition for the construction of cross-examination system of our country.This article from the connotation and function of cross-examination,through the representative countries by the United States, Japan, an introduction to the development of the system, pointed out the defects and shortcomings of cross-examination system in China, thus put forward Suggestions to build cross-examination system in China.This paper consists of introduction, text and epilogue three parts, one of the main body is composed of four parts:The first part, the concept of cross-examination system and function.The concept of cross-examination is divided into broad sense and narrow sense, this article discusses the cross-examination stated from the concept of generalized.Cross-examination of the three main functions for, first of all, the discovery of truth; Second, protect the rights of the defendant. Third, to realize procedural justice.The second part mainly introduces the scope of cross-examination system inspection on behalf of the state, including the United States and Japan cross-examination system, the cross-examination system mainly from the cross-examination of the subject, object, order, rules, and is convenient to introduce guarantee system;Cross-examination system in Japan is introduced mainly from Anglo-American law system and on the difference of the system state regulations, the final will be compared to the United States and Japan cross-examination system concludes that our country will construct the cross-examination system.The third part mainly points out the existing problems of cross-examination system in China, mainly has asked chaotic sequence is not clear, operation rules pay is established or improved, supporting system is not perfect.The fourth part is on the third part expounds the existing problems of cross-examination system in China, put forward in the improvement of the system of criminal trials for cross-examination.