The Research On The Perfecting Of Witness Inquiry System In The Background Of The Substantive Trial

The essence of trial is the core of "trial-centered" litigation reform,and realizing the essence of trial-centered is conducive to promoting the reform process of "trial-centered ".The essence of the trial is to guarantee the central position of the trial in the trial activities and the trial process itself is conducive to the discovery of facts,the realization of procedural justice,to ensure that the trial effectively play its function of verifying the facts,and then achieve substantive justice.The important way to realize the substantiveization of the trial is to promote the substantiveization of the witness questioning and ensure that the witness testimony can be fully investigated in the trial.Although the revision of criminal procedure law has gradually drawn on the reasonable mode of cross-examination Factors,but at present our country's witness interrogation mode is still based on the authority interrogation mode,because of the imperfect system of witness interrogation,judicial practice,there are problems such as low application rate of witness interrogation procedure,mere formality of inquiry procedure,low efficiency of inquiry procedure,confusion of application standard of inquiry procedure,which hinder the realization of witness interrogation substantive,and then lead to the promotion of trial substantive constraints.In order to improve the system of witness questioning,we should build a mixed mode of witness questioning with the participation of judges and the leading role of both parties,and strengthen the relationship between the prosecution and the defense Resistance,moderate weakening of the judge's authority in the witness interrogation procedure,this model is not only conducive to promoting the substantive trial,improve the efficiency of the trial,but also in line with the international trend of the gradual integration of different witness interrogation models.At the same time,under the background of the reform of the substantive trial,the system of witness appearing in court has been further improved,to a certain extent,the attendance rate of witnesses has been improved,and the antagonism of the trial has been enhanced,which provides a feasible platform for the construction of a mixed witness interrogation system.The mixed witness interrogation system should be constructed from the aspects of object,subject,order,rules and supporting measures.And perfect.In the mixed witness interrogation mode,the subject of questioning should be divided into prosecution and defence witnesses,the subject of questioning of ordinary witnessinterrogation should include both prosecution and defence parties and judges,and the subject of confrontation interrogation should include witnesses,prosecution and defence parties,experts,investigators and judges.The order of inquiry is mainly inquiry,counter-interrogation,counter-interrogation,judge supplementary inquiry,counter-interrogation.The rules of inquiry mainly include the rules of prohibition of inductive inquiry,the rules of character evidence,the rules of protecting the privacy of witnesses,the rules of opinion evidence,the rules of questioning objection and so on.In addition,the supporting measures of constructing the mixed witness interrogation system include perfecting the evidence People appear in court guarantee system,perfect evidence disclosure and pre-court meeting system,strengthen aid lawyer effective defense and so on.By constructing the mixed witness interrogation system,it can provide the system basis for realizing the substantive witness interrogation,and then promote the realization of the substantive trial.