Research On Cross-examination In Criminal Procedure To The Perspective Of The Substantive Trial

The criminal cross-examination at system is the product of the national litigation system of the Anglo-American legal system.In the confrontational litigation mode,it is necessary for the witness to appear in court to hear the question and answer of the witness testimony in order to make the jury fully examine the authenticity of the witness testimony,Thus making a referee on the facts of the case,the cross-examination system was thus established.The establishment of the criminal interrogation system protects the defendant's right of defense,standardizes the procedure of trial and examination,which is beneficial to judge and judge the fact of the case.However,due to the existence of the existence of criminal trial in our form of the problem,the judge does not attach importance to witnesses to testify to pass the cross-examination,but through the court to review the file material to make the referee,cross-examination system in China's application also has little effect,Order,scope,rules and other protection of cross-examination system in the trial of the norms of the operation of some of the system is imperfect,resulting in the use of cross-examination system in China led to the interruption of litigation activities,litigation efficiency and other issues.In this paper,this paper focuses on the shortcomings of China's criminal cross-examination rules in legislation and judicial practice,and puts forward some feasible measures to solve the existing problems.The article consists of an introduction,a text,and a conclusion.The text is divided into four parts to discuss.The first part of the text discusses the criminal crossover inquiry system and the substantive basis of criminal court theory.First of all,it introduces the definition of the concept of cross-inquiry from the broad and narrow sense of Anglo-American legal system,and discusses the similarities and differences between cross-examination and cross-examination right by contrasting.The author puts forward the application of cross-inquiry rule Differences,the Anglo-American countries in the application of more emphasis on the protection of rights,and our country pay more attention to it as a way of investigation,in order to illustrate the main characteristics of the Anglo-American cross-examination system.And then discusses the litigation value of the criminal cross-examination rules,and puts forward the important effect of finding the facts of the case in the litigation while protecting the defendant's litigation status and guaranteeing the defendant's right of identity.The Secondly,the concept of substantive trial of criminal trial is expounded,and the relationship between the criminal cross-examination system and the substantive trial of criminal trial is discussed.The realization of the substantive trial of criminal trial is the prerequisite for the criminal cross-examination system to play a role in the trial,only to ensure the substantive trial of criminal trial,the establishment of the center of the trial,criminal cross-examination function to play.The construction of our country 's criminal cross-examination system is an important way to realize the substantive trial of our country.The two promote each other,each other premise,are indispensable.The second part of the text discusses the characteristics of the cross-inquiry model of the common law system and the civil law system.First,we use the method of comparative analysis to elaborate the characteristics of the rules of cross-examination in Britain and the United States,and compare the differences between them.And then put forward its reference to the construction of China's criminal cross-examination system.It is suggested that our country should fully absorb the advantages of the cross-examination mode of the parties 'issues and appropriately weaken the role of the judges' powers and inquiries so that the judges and the parties can play their full role in the trial,and realize the realities of the entity and realize the reform of the criminal procedure aims.Secondly,it introduces the legislative provisions and institutional characteristics of the cross-inquiry between Japan and Germany,and analyzes the situation of the introduction of the cross-examination system separately.It is the lesson that China can draw lessons from Germany and Japan when introducing the system,Litigation system and litigation system of cross-examination system.The third part of the text of the specific analysis of China's criminal cross-examination system of the status quo and problems.Firstly,the paper discusses the rules of criminal cross-examination rules in 2012.Secondly,by analyzing the application of cross-examination rules in practical cases,this paper expounds the current situation of legal practice of criminal cross-examination rules in China.And then discusses in detail the problems faced by China's criminal cross-examination system.This paper discusses the application of the criminal cross-examination system in the trial from four aspects: the order of the criminal inquiry,the scope,the subject of the cross-examination,the rules that should be followed by the cross-examination and the supporting measures.The fourth part of the text is to improve China's criminal cross-examination system recommendations.First of all,the author puts forward the consummation measures of the criminal interrogation system in our country,that is,redefining the subject of the criminal cross-examination,determining the order of the witnesses and the scope of the cross-examination by establishing the rules of the witness classification,elaborating how to improve the induction inquiry rules,The application of the system in the trial norms,clear,operable,to improve the court to apply the principle of cross-inquiry initiative.Secondly,through the improvement of cross-examination system of supporting measures for China's criminal cross-examination system in the trial play a prerequisite to play a role.That is,by regulating China's file transfer system,to ensure the authenticity of the file and improve the pre-court meeting system,the establishment of China's evidence disclosure system to solve the criminal justice trial presidential prejudice led to trial form of the problem.And then on the cross-examination rules of the important supporting measures that improve the witness testimony system,pre-court meeting system and the establishment of evidence disclosure system recommendations,so that the construction of China's cross-examination system from the external measures to improve and internal rules of the building Two levels of the construction of a complete,systematic cross-examination system,to promote China's criminal proceedings legalization,modernization has an important impact.