The Discussion Of The Cross-examination System In China

As an important witness-asking system in the accusing and defending criminal lawsuit of the Anglo-American law system,cross-examination has been the focus of attentions both theoretically and practically.There are indeed some recapitulative rules of cross-examination in our current criminal procedure legislations,but some legislative blank and vacancy still exists especially in the aspects of application condition,range,main subject,application methods,etc.The paper will give a general discussion on the content of three aspects,which are the features and advantages of the American cross-examination,the current situation and insufficiency of the Chinese cross-examination and the establishment and perfection of the Chinese crossexamination in the future.The purpose of this paper is not only to introduce the crossexamination represented by America,but more also is to drive the research and focus of the cross-examination in China through the meditation of the American mode,at the same time to explore a set of cross-examination system which suits to the criminal trial practice in China according to our juridical practice and finally to promote the application and implement of the cross-examination system in the juridical practice field.The whole paper consists of five chapters as follow:In the first chapter,the author introduces the definition of the cross-examination and on this basis makes a comparison between the cross-examination and the authority-examination and finally explores the system value of the cross-examination.The second chapter makes an all-round introduction about the American's cross-examination system,from the aspects of the history,the right basis,the system foundation,the main content,rules,skills,etc.The third chapter turns to the cross-examination in China,points out some deficiencies in China's crossexamination based on the analysis of our legislative and juridical situation.The fourth chapter discusses the system construction of the cross-examination in China.The last chapter puts forward some suggestions on the supporting measures of such a system.