Research On The Accused's Right To Confrontation Of Opposing Witnesses

The right to confrontation of opposing witnesses should be the basic procedure right of the accused,and it also be the minimum standard of the accused to realize procedure justice.To make the right security is the goal of judicial refrom of the taking-trial-center,as same as the important promotion to realize judical justice and procedure justice.From the perspective of the world,the right of confrontation has been widely acceptted by many countries,which had been admitted in the law,also in constitutions.In the area of criminal proceedings,the right to confrontation of opposing witnesses bear the responsibility to security the civil rights and effective restrict state power.The right to confrontation of opposing witnesses strength the personal right to help them talk and convince the state power in an environment of equality.The legislation itself is full of contradictory and insufficient reflects the powerless ability of the current legislation to security the right to confrontation of opposing witnesses.The right is not enshrined in the constitution,the conveyance of dossier and the witnesses do not appear in court to deepen the formalization of trial.The out-off-balance between the right to judgemengt and the right to sue,incompleteness of the principle of dierct,the principle of judgement by means of evidence,and the absence of right relief machanism make contribute to the excessive freedom of jurisdiction.We should have to learn the advanced experience from the western countries,raising the right to confrontation of opposing witnesses to the level of constitution,perfect the the principle of dierct and the principle of judgement by means of evidence,weaken the out-off-balance between the right to judgemengt and the right to sue,establish effective relief mechanism in Criminal Procedure Law.