Research On The Measures And Causes Of The Problems Of Trial Inquiries

This paper mainly elaborates the present situation and causes of the difficulties in the trial of our country,and puts forward some suggestions on how to improve the rules of trial inquiries.The origin of the thesis is based on the question of the "New Three Difficulties" of the lawyers' rights in the practice at the National Lawyer's Work Conference.Jianzhu Meng proposed at the National Lawyers' Work Conference to overcome the "New Difficulties" that lawyers could bear in their professional rights.According to this formulation,the author believes that the top designers intend to improve the judicial credibility by combing the core problems that exist in the process of lawyers' practice.Judging from the judicial practice,this formulation also has its necessity and urgency,because it is well known that there is no sufficient mechanism to protect trial inquiries,and the parties of the trial do not attach importance to the attitude.In theory,to seize the important issue-too hard to do trial inquiries-not only on the exercise of the rights of lawyers,but also related to a series of litigation system which can be proceed smoothly and can be described as the plan.The common points of these provisions put forward high demands on the way of trial examination,so it will naturally make people think about the difficulties of our trial rules and how to improve it.Cross-examination rules in American law countries have a long history,and in our country maybe it is more accurate to be called "Trial Inquiries".The purpose of the trial inquiries is mainly through the defense counsel to the defendants,witnesses and others,to reveal the facts of the cases or in the prosecutor to examine the defendant on the basis of supplementary questions.On the basis of elaborating the status of the trial inquiries,the author puts forward some suggestions on how to make the rules goes better.Specifically,the text will be divided into four parts to discuss below.The first chapter is an overview of the trial examination.The main content of this chapter is to elaborate the classification and function of the trial inquiries,and the judicial background and significance of the rules.First,according to the object of the trial inquiries,it can be divided into: own parties,the other party,witnesses and experts to ask questions.Second,the role of trial questions is to ensure the impartiality of the trial.Thirdly,from the perspectives of the main body,the purpose and the time and so on,briefly expounded the difference between the trial question and several other questions.Fourthly,it is introduced the judicial background.A series of new regulations and the introduction of policy guidance,to improve the study of the rules.Fifth,the final description of the value of the trial examination,mainly in the three points,the most important is that from the current judicial practice,there is a reasonable demand for the trial examination.The second chapter mainly elaborates the dilemma and the causes.For the status-"too difficult to ask",summarized as "five questions" : "can not ask","not allowed to ask","dare not ask","without abilities to ask" and "ask badly".For the "bad question",the specific situation can be divided into: improper transposition,improper disclosure,induction questioning,do not pay attention to the wording and debate to ask and so on.And the cause of of difficulties,I believe that there are five main aspects:too difficult to accept the idea,the absence of the regulations,no regulations to defend it,too difficult to cultivate and too hard to rescue.The third chapter is the comparison of the legislative and judicial characteristics of the "trial rules".On the whole,the cross-examination rules of the Anglo-American law is relatively mature,the specific rules are very detailed,and even can be said to be complex,both the principle of the provisions and exceptions.Because of the tradition of authoritarianism,respect for the authority of the judge and obedience,so less use of the cross-examination in Germany.Japan's study of the "cross-examination" rule is worthy of our reference,because it mixed the its own regulations with the formation of the cross-examination.But it still exists the situation that lack of a considerable part of the specific rules.The fourth chapter mainly elaborates the favorable factors,the choice of guiding ideology,the legislation construction and the supporting measures to construct the rules of the trial examination in our country.First,the "trial-centered" litigation system reform will require the implementation of a series of judicial systems.Second,I believe that we can learn from the rules of mixed trial to build.Thirdly,to improve the legislative construction of the rules of the trial,we can start from the aspects of the subject,object,mode,order and handling rules of the objection.Fourth,the trial run the rules of the smooth operation is also inseparable from the supporting measures,we can think about this issue from the point of view of the "evidence" and "people".