On Leading Questions In Trial Procedures

With the reform of the criminal trial system in China and the increasingly prominent r ole of antagonistic factors in trial processes, the cross-examination system has become a m ajor way of interrogating directly the generalized witnesses. However, the packaged interro gation technique of the system---leading questions is prohibited from the process by the ju dicial interpretation of China’s criminal procedure. This prohibition is totally unreasonable.Hence, about leading questions, this paper will at the outset introduce the applicable princi ples and conditions in some major countries which have applied such an interrogation tech nique; then further analysis will be given on the ethical and psychological foundations for t he technique to be applicable in China; lastly, the paper will display the writer’s understan dings on the topic above mentioned. Based on the analysis given and taking into account of the current problems in the application of leading questions, as well as the trend of China’s judicial reform, the paper will further analyze the feasibility and necessity in the applicati on of leading question in trial procedures.