Research On The Criminal Right Of Confrontation

The criminal right of confrontation is a fundamental right enjoyed by the defendant in the course of criminal proceedings.In recent years,more and more researches have been conducted on defendant's right of confrontation by Chinese academia,,judicial case also strengthened the protection of defendant's rights,especially,on the party's 18 th session of the Fourth Plenary Session,trial center reform was upgraded to an important position.As we know,the superiority of the trial center must be concentrated on the trial,and the vitality of court lies in the antagonism between the two sides,then the right of confrontation given to defendant is precisely by ensuring a balanced confrontation to promote the reform of the trial center.In view of the fact that recently it is still not optimistic for the protection of the right of confrontation to defendant in our country,this article studies the right of confrontation from the perspective of basic rights.First,do brief definition to the basic issue of the defendant's confrontation right,clear the rich connotation of the right of confrontation,and make a concrete introduction to the academic controversy between two sides about the existence of the confrontation right,this article will Study the right of confrontation from the standpoint of basic rights.And also on the existence of questions to current development of the confrontation right,do a simple statement on the development trend of the confrontation right,and further analysis of endowing the defendant's right of confrontation with double values in our litigation procedure entity.Secondly,on the basis of affirming the necessity of studying confrontation right,this paper introduces the present situation and problems of the development of criminal right from the legal system and judicial practice.On the current view,China's criminal procedure law legislation is lack of norms,the judicial interpretation does not accord with the provisions of the criminal confrontation,there are legal contradictions and conflicts and so on,at the same time,the difficulty of witness appearing in court also leads to void of confrontation right,in fact,these problems are influenced by our country's political system,traditional culture and legal system and other deep factors.Thirdly,through introducing the general rules of extraterritorial confrontation and comparing the characteristics of continental law,Anglo-American law system and International Human Rights Law,the binary system litigation of continental law system and the unified system of Anglo-American law system are quite different in the structure of confrontation rights,But all have a more adequate protection for confrontation,the confrontation was set at the pre-trial stage,or protect the right of confrontation by formal guarantee.Finally,combining with the current situation and the beneficial provisions of foreign counterparts,we should strive to give defendant confrontation rights in the sense of the right guarantee to break the deep-rooted tool of locating facts and then improve the basic principles and contents of the confrontation rights,and put forward the corresponding safeguard measures and restrictive conditions.