Reform And Re-establishmest Of Criminal Cross Examination System In China

Criminal Procedure Law revised in 2012 has preliminarily introduced cross-examination of presenting and questioning evidence by the accused and the defendant so as to promote the process of court investigation,and the evidence research method of presenting and questioning evidence by the accuser and the defender to propel trail investigation,but such mode of examination of witnesses does not make a real difference in legislation and judicature practice.Compared with modes of examination of witnesses in UK,the United States,Germany,Japan and Taiwan region,cross-examination system in China shows obstacles in ideal and systematic cultural level.According to defining standard of procedure of International Criminal Court,cross-examination is a specific system to protect human rights and values in society ruled by law;meanwhile,it matches the basic litigation principle of “based on facts and take law as the criterion”.The purpose of criminal procedure is to punish the criminals and practice national penalty right.While,to realize penalty right means to be fact-based and reality-based,hence most countries in the world shall actively explore method to revert the truth of cases.In the background of intermingling of two law systems and judicial reformation in China,this paper shall launch a preliminary discussion on the reconstitution of cross-examination system of Criminal Procedure Law,further explore theoretical value,substantive value and value of protecting human rights of cross-examination,so as to achieve the goal of discovering the truth of cases,maintaining procedural justice and realizing substantive justice.Procedural rule of proposing cross-examination and relevant supporting measures include jury system,defense system,judge system,system of witnesses to testify in court,pre-trail procedure system,etc.,for the sake of exerting cross-examination system's real effect of discovering truth of cases.