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System Of Criminal Interrogation Probe

Posted on:2016-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:L C ZhuFull Text:PDF
GTID:2336330488973261Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Criminal Interrogation system is an important part of our judicial system is not only the judge, the prosecution and defense means the right to litigate claims, identified on the basis of the evidence, it is an important rights of the parties involved in the proceedings. Cross-examination as the core of the criminal trial activities, judicial practice has proved that the effective operation of cross-examination of the prosecution and the defense needs to find a lawsuit against the structure, clear cross-examination and scientific aspects of the rules of cross-examination, but the existing legislation on cross-examination procedures of the provisions are too careless and do not complete, resulting in cross-examination subject is not clear, the judge Role unclear, unsystematic cross-examination activities, cross-examination and certification, cross-examination and debate divorced widespread, cross-examination on this link lost its value, to become a victim of formalism, direct have affected the findings of fact, the impact of the verdict. Therefore, under the background of the rule of law and protection of human rights concepts increasingly popular celebration of procedural justice, it is necessary to cross-examination of criminal proceedings study program to make it more in line with the contemporary spirit of the rule of law and the concept of the rule of law.Reforms to trial centered litigation system, with emphasis on the substance of the trial, so the importance of cross-examination in the entire trial proceedings is more prominent. At present, China's judicial practice, there are many problems in cross-examination procedures, functions and role of cross-examination of the program led to the trial had been effectively take the field to play a widespread phenomenon. Therefore, along with the trial reform litigation center direction, from implementing the principle of direct language, correct "to record files centric", to fully protect the rights of lawyers, while improving the ability of the judiciary to deal with the trial, on cross-examination necessary simplification Testimony further reform of the criminal system, an effective solution to the problem of the formal trial cross-examination activities.Questioning System in Criminal trial judge correctly found the evidence, both parties advocate the effective realization of their litigation plays an irreplaceable role. The cross-examination of the criminal court system made relevant provisions, in particular the 2012 "Code of Criminal Procedure," the amendment has allowed great progress, but there is still not enough, to be further improved.
Keywords/Search Tags:In the trial center, Cross-examination, Evidence, Criminal suit
PDF Full Text Request
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