The Study On The Construction Of The Cross-examination Of Criminal Procedure In China

As a rule for investigating evidence that promotes the discovery of realism and the protection of human rights,the cross-examination plays an important role in the judicial justice and credibility.However,because of the long-term influence of the investigative center and the authoritarian litigation model,the confrontation between the prosecution and the defense is not too obvious,the legislation didn't make clear provisions about the specific rules of cross-examination,such as the induced inquiry,as well as the object,order and the role of the judge in the cross-examination system,etc.which led to the cross-examination of criminal proceedings in the judicial practice of the court is not standardized,Therefore,in the context of trial-centered criminal justice reform,as one of the running rules in the substantive trial,the cross-examination system of criminal procedure in China should be further improved.The specific operational composition,including the rules,objects and the order,learning from the United States,the German and China's Taiwan system,should be in line with our current system,policy and cultural background,so as to provide comprehensive advice for our cross-examination to promote the substantive trial.This paper,using the methods of comparative research,literature research,Combining theory with practice,divided into five parts to discuss.The first part is the introduction.It mainly analyzes the background and purpose of this paper,and summarizes the shortcomings of the previous cross-examination research,and paves the way for the discussion of this paper.The second part is the theoretical overview.From the angle of theoretical basis,this part discusses the connotation,concept analysis,design idea,the principle,and practical utility of the cross-examination of criminal procedure,and points out that the cross-examination is based on the idea of the protection of human rights,the guarantee of the defendant's right and the litigation participation,takes the principle of direct trial and hearing trial,And the practical utility can not only help to discover the realism,but also to ensure procedural justice and enhance the judicial credibility.The third part is to examine and learn from the cross-examination of the United States,Germany and Taiwan in China.This part examines the legislative construction and characteristics of the American cross-examination,the German rotation inquiry and the cross-examination of Taiwan in China,and evaluates the lessons of these countries and regions.The fourth part is the investigation,the existing problems of the cross-examination of criminal procedure in China.Through the investigation of the development and current situation of the cross-examination in China,this paper points out the shortcomings of the current cross-examination such as the object,order,rules and other legal norms.The fifth part is the suggestion.according to the existing problems pointed in the forth part and the theory and legislation of the country and region investigated in the third part,this part firstly introduces the "cross-examination" constructed in this paper,then discusses the construction and perfection in the object,order and the rule,and points out that the defendants and victims should be the objects of the cross-examination.And the victim should be legislated as a prosecution witness.On the other hand,we should clarify the application of the inquiry rules and the misleading rules,and make clear the role of the judges in the cross-examination,so as to promote the smooth operation of the cross-examination in China.