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Research On Cross-examination From The Perspective Of The Nature Of Trial

Posted on:2019-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhouFull Text:PDF
GTID:2346330542497886Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The trial of criminal tribunals is an important part of the court after the reform of trial methods.It is of great significance for safeguarding human rights,safeguarding the fairness of criminal lawsuits,and building the road to the rule of law in China.Although the provisions of the Criminal Procedure Law have corresponding provisions on cross-examination,no complete and systematic cross-examination system has been formed in judicial practice.Based on this,it is necessary to analyze the problems existing in the system,and at the same time,make corresponding comparisons with countries outside the region,and propose suggestions for improving China's cross-certification system.In judicial practice,the existence of witnesses in the criminal trials system in China has low witnesses,unequal confrontation between the prosecution and the defense,insufficient attention to the defendant's right to cross-examination,and unclear neutrality of judges,and these problems are mainly due to The imperfection of the cross-examination system resulted.At the same time,the object of cross-examination of China's cross-examination system is not clear,there are also problems in the witnesses' appellate testimony system,and more importantly,there are no careful and orderly cross-examination rules,which all require that the perfection of China's cross-examination system is urgent.This article starts with the transformation of the concept of criminal litigation,the improvement of the court's substantive supporting systems and facilities,and the improvement of the cross-examination system itself,through the transfer of the file system,the pre-court conference system,the simpleness and diversion of the case system,the protection of lawyers,and the establishment of a judge's neutrality.The status and the improvement of the testimony of witnesses in court,etc.,are based on cross-examination rules,cross-examination,and cross-examination methods,and finally achieve the purpose of perfecting the cross-certification system under the requirements of the trial reform.
Keywords/Search Tags:cross-examination, pretrial meeting, rules of evidence, substantive trial
PDF Full Text Request
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