The Consummation Of The Cross-examination System Of Criminal Trial

In the 18th session of the Fourth Plenary adopted the decision "CPC Central Committee on Promoting the rule of law a number of major issues". And put forward the view of trial-centered reform of the criminal procedural system. This decision demonstrating the significant progress in China's criminal procedure system, and also promoting a new round of judicial reform and the true justice. And to trial as the center is to court as the center. At the same time, the court cross-examination is the center of the trial activities, so improve the trial system is to improve the trial trial-centered litigation system reform. In this paper, the author analyzes the problems in the cross-examination by comparing the differences between the western and Chinese criminal examination systems and the actuality of China's criminal litigation, and finds out the causes of the problems. Furthermore, promote the suggestions for perfecting the cross-examination system .In the first part, explaining the meanings, values and purpose of the cross-examination procedure of criminal. Explaining the relationship between Trial-centered of the criminal procedural system and cross-examination procedure, which should be interpreted as in the center of trial activities centered criminal procedural system. This trial-centered reform was put forward to solve practical problems of criminal procedure system, and under the background of frequent injustice. Purpose of reform is in order to respect and protect human rights and achieve justice. In the second part, analysis the theoretical and point of view which can supporting the reform, including theory of trial independent, equality confrontation and so on, allowing the readers can know what those theory is and what is it for and west researchers in theory. Readers will further understand the true meaning of the trial centered on the criminal litigation system. In the third part, analyzes the status quo of the cross-examination system in our country. First of all, it introduces the direction and progress of the related efforts in China, and then analyzes the shortcomings of the criminal trial cross-examination in practice from legislation to specific application. First, leading to the trial trial process of virtual, resulting in the phenomenon of the enemy wrong case. Second, the trial rely on the investigation of the documentary evidence, did not implement the principle of direct rhetoric,cross-examination process is "taking the form." And there is no effective system to force witnesses to appear in court, and the defendant's cross-examination at the cross-examination also impede the implementation of the principle of direct speech. Third, the status of prosecution and defense in the cross-examination process, the inequality, resulting in difficult to play a role in cross-examination, or even the case of the prosecution and defense of both sides, such as Chen case, serious impact on judicial justice. Fourth, the lack of cross-examination rules also led to cross-examination did not play its due function. So we need to understanding of these deficiencies correctly in order to allow the reform to proceed smoothly. In the fourth part, according to the problems in the practice of criminal procedure system, we put forward some feasible suggestions, for example, pay attention to the pre-trial examination and establish the specific guarantee of the quality of the evidence rules, etc., to improve the judicial work procedure and ensure the judicial justice.