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An Empirical Study On The Criminal Defendants' Right Of Cross-Examination In The View Of The Materialization Of The Trial

Posted on:2019-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:J S FengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Criminal proceedings are based on the principle of evidentiary adjudication.Without evidence,there is no litigation.In the criminal field,the accused is in a negative and defensive position in the attack and defense of evidence,that is,by questioning or Denying the evidence presented by the prosecution in order to achieve the purpose of disintegrating the complaint.Obviously,the right of cross-examination of a criminal defendant is one of its main means of confronting the prosecution.And with the International Covenant on Civil and political Rights and other international treaties stipulate the right to cross-examination as the minimum standard to guarantee a fair trial;at the same time,under the background of promoting the "trial as the center" trial substantive reform in our country,It is of great significance to define the right of cross-examination of criminal defendants as a basic procedural right of citizens.Compared with the advanced countries in Anglo-American law system,the research of cross-examination right in our country started relatively late,and there is insufficient understanding of its importance in judicial practice.More is used as a trial procedure to find out the truth of the case.In view of this,the author combines the unfair trial situation of some cases,to find effective countermeasures as the starting point;and through the literature analysis method,questionnaire method,Compare research methods to propose,analyze and solve problems.This paper is divided into four parts.The first part is an overview of the criminal defendant's right of cross-examination,the purpose of which is to explain clearly the concept and main content of the right of cross-examination.At the same time,combining with the essence of trial and various theories in our country,it shows the important significance of perfecting the right of cross-examination of criminal defendants,which actually plays an introductory role in this paper.The second part is the analysis of the present situation.First of all,from the text analysis of the provisions of cross-examination rights in China is not perfect,such as the qualitative cross-examination right,cross-examination rules,lack of full implementation of hearsay evidence rules.Secondly,through the investigation of judicialpractice affecting the exercise of the right to cross-examination factors,For example,the concept of cross-examination in legal profession community is weak,the object of cross-examination(witness)is missing,and the ability of cross-examination(defense rate and defense ability)is weak.The third part is the feasibility argumentation of the perfection of the right of cross-examination,which is mainly concerned with the three major bases that affect the perfection of the right of cross-examination: namely,the ideological basis brought about by the promotion of the concept of human rights in China to the right of cross-examination.The material support brought by the rapid economic development of China to the right of cross-examination and the institutional basis laid down by the relevant laws such as the Constitution and the procedural law lay the foundation for the right of cross-examination;this plays an important role in connecting the past with the following,that is,in line with the existing problems of the right to cross-examination discussed earlier,In the feasibility analysis,it implies the study of the following countermeasures part 4th,combined with the problems identified in the above research and analysis,puts forward the countermeasures one by one.First of all,In the text,it is determined that the right of cross-examination of criminal defendants is the basic criminal right of citizens and the relevant rules of improving cross-examination;secondly,the establishment and improvement of relevant supporting measures to ensure the exercise of the right to cross-examination;Finally,it calls on the legal profession community to speed up the ideological transformation and change the "file centralism" trial method.
Keywords/Search Tags:Substance of court trial, criminal defendant, right of quality certificate, quality certificate rule, basic right
PDF Full Text Request
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