On The Rights Of Cross-examination Of Criminal Defendants

With the requirements of trial substantiation and judicial protection of human rights,more and more attention has been paid to right of cross-examination of criminal defendants.It's different from our country that the right of cross-examination is one of essential rights of criminal defendants in some developed legal countries.The article will begin with the concept and content of the right of cross-examination,then rethinking the situation of legislation and judicature about the right of cross-examination from extraterritorial perspective and putting forward construction and improvement about the right of cross-examination of criminal defendants on this basis.The article is divided into four parts.The first part explains the concept of the right of cross-examination,the basic content,the analysis of relevant concepts and the value exploration.The first part analyses the concept of cross-examination to clarify the essence of cross-examination,and further to explain the basic content of the right of cross-examination.At the end of this part,the article discusses the litigation value of criminal defendants' right of cross-examination.The second part elaborates the origin and development of the right of crossexamination,then analyzing and comparing the legislation,content and model between the common law and civil law countries' defendant's rights.The article aims to analysis and comparison of different countries' cross-examination system to promote the trial substantiation of our country.The third part mainly analyzes the present situation and existing problems of the right of criminal defendant in China.In legislation,Chinese constitution and criminal procedure law have not clearly defined the right of cross-examination,but in judicial practice,the low rate of witness appearing in court and lawyers lacking effective defense make the criminal defendant can not prove the evidence effectively.Through the analyzing of the legislation and judicial situation in our country to reveal the reasons why the right of cross-examination cannot be exercised effectively,so as to solve these problems theoretically.The fourth part describes the construction of the right of cross-examination of criminal defendant.In view of the current situation of China's trial virtualization,drawing on the theory and practical experience of developed countries to construct criminal defendants' right of crossexamination theoretically of our country.Including improving the legislative and judicial systems,improving witness system,ensuring the existing lawyer defense,establishing face-toface interrogation rules and cross-examination rules and so on.