Criminal Cross-examination System Under The Background Of Substantive Hearings

The study focus on the criminal cross-examination system has been lasting for a long time in our country,but whether the criminal cross-examination system has been established in our country is controversial in the academic circles.The author holds the opinion that the system has not really established in our country before.The criminal cross-examination system,as an investigative procedure directed to witnesses(in a broad sense),can not only help to discover the substantive truth but also ensure procedural justice,which is precisely in line with the objective of "the reform of substantive hearings".Therefore,it is of new significance to study the criminal cross-examination system under the background of “Substantive Hearings”.In fact,the judge can play a supplementary role in the criminal cross-examination.The mixed criminal cross-examination system does not completely exclude the judge’s functional inquiry,so the criminal cross-examination system can also be suitable in our country.The effective use of the criminal cross-examination system can effectively change the phenomenon of trial falsification in our country.The "procedures for investigation by the ordinary Court of first instance in handling Criminal cases in the people’s Court(trial)" in the “Three Regulations” have made some breakthrough provisions,It provides a lot of convenience for the establishment and application of the criminal cross-examination system in our country,and the reform of substantive hearings can also force the further improvement of the criminal cross-examination system.Therefore,some of the problems currently existing in the trial need to be amended and perfected when the substantive hearings reform and the criminal cross-examination system are fully rolled out and implemented in the next step.For example,the use of induced questions should not be banned in all cases,and the role of judges in cross-examinationg needs to be further clarified in order to guarantee the development of cross-examination;the ability of controling over cross-examination of the judges,the procurators and the lawyers need to be improved,so the three parties need to be trained and trained according to the actual situation,and the pilot experience can be summed up so that it can be extended to the next step;the defense’s right to investigate and collect evidence should be guaranteed by the law in order to fundamentally change the weak situation of the defense.The way of legal aid should be considered from many aspects,but not only focus on the coverage of the criminal defence.