Study On The System Of Cross-examination In Criminal Proceedings Of China

The system of cross-examination originated from England and matured from America.With the improvement of the system,more and more civil law countries began to introduce the system.The system of cross-examination is a system of questioning witnesses.The procedure of cross-examination includes four stages: main examination,counter-examination,re-main examination and re-examination,and it's composed of four elements: subject,object,procedure and scope.The rules applied in each stage of the system are different,such as the rules of prohibition of irrelevant inquiry,prohibition of repeated inquiry,prohibition of inducing Inquiry,prohibition of questioning credibility,etc.In the case of cross-examination,the rules of leading examination,the rule of previous inconsistent statement,the rule of questioning credibility and the rule of special witness examination are applied.The Criminal Procedure has established the basic framework of the cross-examination system after three revisions in 1996,2012 and 2018.Due to the fact that the cross-examination system is imported and has not been applied for a long time,there are many problems in the current legislation of our country,for example,the subject of the cross-examination is complex;the content of the cross-examination is not stipulated;there aren't detailed regulations on how to use the two methods of cross-examination;the scope of the right of objection is too small and the necessary remedies are not available;the rules of cross-examination are too simple,etc.These problems have hindered the effectiveness of the system to some extent.In addition,through practical investigation,it is found that there are some problems in the application of cross-examination system in our country,such as the prominent phenomenon of the prosecution's single examination,the high rate of the judge's examination,the low rate of the witness appearing in court,the prominent phenomenon of improper examination,and the lack of attention to the dissenting matters.In order to further improve the implementation of cross-examination system,we should standardize the subject of cross-examination at the legislative level;apply different inquiry methods at the main and counter-inquiry stages;make appropriate provisions on the scope and rules of inquiry content at different inquiry stages,and improve the existing rules of prohibiting induced inquiry.In addition,as the applicable object of cross-examination,improving the system of witness appearing in court is conducive to ensuring the effective operation of cross-examination.At the same time,the defense system should be improved to solve the problems that the prosecution asked individually.Strengthen the training of the knowledge of cross-examination between prosecutors and defense lawyers so that the cross-examination function of cross-examination can be brought into play.