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Research On The Cross-examination System In Criminal Procedure

Posted on:2017-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2336330488477917Subject:Law
Abstract/Summary:PDF Full Text Request
Cross-examination as an important means of courtroom cross-examination, not only to realize the equality of power against the prosecuting and defending parties has a unique effect, but also has important significance to protect the defendants' rights and interests. At present, cross-examination system in Anglo-American law system countries widely admired, more and more civil law countries also began to introduce this system. In our country after twice in 1996 and 2012, the criminal procedure law reform, has established the basic framework of cross-examination system, but due to the influence of various factors in the legislation and practice, the practical application of cross-examination system situation is not optimistic. Therefore, how to make the cross-examination system adapt to our country's judicial practice, let it give full play to the value of itself is a problem to be solved.In this paper, the concept of cross-examination, the value, the program based on the theory of interpretation, based on the investigation and evaluation of the cross-examination system, Anglo-American law system adopt the useful experience,and based on the judicial practice of China, focuses on the system running situation and defects in our country, for the improvement of the system of cross-examination put forward some own views. This paper to remove the last chapter epilogue part, the text is divided into five parts.The first part is the theoretical interpretation of the cross-examination system.Mainly on the analysis of the meaning and value of the cross-examination system,focus on cross-examination found in real cases, reveal the principal position of party,realize the procedural justice, and improve the efficiency of the trial the value of the four aspects.The second part is the study of the basic procedures of cross-examination,mainly from the body of the cross-examination system, object, ask way four aspects carries on the analysis and the basic order.The third part of the evaluation of the operation situation of cross-examination system of Anglo-American law system, rules, and supporting facilities, thus for our country the development of the system of cross-examination provide valuable experience.The fourth part analyzes the legislation present situation and features of cross-examination system, and induces the cross-examination applicable four defects in our country, respectively is the negative influence of "hybrid" litigation model,cross-examination of simple procedures, low feasibility of cross-examination rules and the lack of related supporting system.The fifth part is mainly based on the content of the fourth part as foothold, put forward some suggestions for perfecting the cross-examination system, mainly includes the choice of suitable cross-examination mode, improve the cross-examination procedure and rules, establish and improve the cross-examination rules and supporting measures of improve the system of cross-examination.
Keywords/Search Tags:criminal trials, cross-examination, evidence rules, defendant equality
PDF Full Text Request
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