Research On The Criminal Cross-examination Issues Under The Substantive Court Trial

In the fourth Plenary Session of the 18 th CPC Central Committee,the Communist Party of China passed the decision of the Central Committee of the Communist Party of China on a number of major issues concerning the comprehensive promotion of the rule of law.It proposed to promote the reform of the litigation system centered on the trial,and clearly put forward the facts and evidence to ensure the inspection of the case and the evidence of the prosecution.In promoting the litigation system centered on the trial,it not only clarifies the core status of the criminal trial in determining the facts and evidence of the case,but also puts forward higher and more strict requirements for the realization of the substantive trial of the trial.As the central link of the court trial,the criminal court trial is of great significance for the judge to identify the evidence and facts and to find out the truth of the case.The perfection of the system is an indispensable part of the realization of the substantive trial.Starting with the summary of the substantive trial and the criminal quality evidence,this paper first discusses the background,the value target and the relationship with the criminal quality certificate,and then analyzes the connotation,structure,the value and objective requirements of the qualitative evidence,and puts forward the problems of the quality certificate system in our criminal judicial practice.We should seek for a better path so as to enable the criminal trial to operate more effectively,thus promoting the realization of the substantive trial.This article is divided into four chapters.In the first chapter,the essence of the trial is summarized,and the background of the substantive trial is discussed first,which is mainly analyzed from three aspects: the basic requirements of the trial centralism,the profound reflection on the phenomenon of the trial and the reality of the false and false cases.Secondly,it analyzes the realization of the substantive value of court trial in two aspects of punishing crime and safeguarding human rights,realizing substantive justice and procedural justice.Finally,it leads to the relationship between the substantive court trial and the criminal quality evidence,that is,the essence of the qualitative evidence is the core of the substantive trial,and the substantive trial of the trial promotes the realization of the substantial evidence.The second chapter mainly discusses the connotation and structure of the criminal quality certificate,analyzes the value of the three aspects of the criminal qualitative evidence in identifying the facts of the case,protecting the rights of the lawsuit and realizing the justice of the judicature.At the same time,it expounds the objective requirements of the criminal quality certificate,expounds the requirements for the structure of the court,and the principle of the adjudication of evidence and the insisting on the accusation and defense.The principle of equality is put forward in three aspects: the principle of equality and the principle of direct speech.The third chapter mainly introduces the difficulties faced by China's criminal cross examination system,mainly from two aspects: the unreasonable structure of court proceedings,the formalism of the cross examination process.The irrational structure of court trial includes five aspects: the neutrality of the judges is not guaranteed and the power of the prosecution and the two sides are unbalance;and the formalism of the process of the evidence includes five aspects: the dependence on the investigation records,the insufficient preparation of the pre court work,the low rate of witness appearing in court,the defects in the relevant links of the court trial and the lack of effective geological evidence rules.In the fourth chapter,in view of the problems existing in the above criminal quality certificate,the corresponding solution path is put forward from the optimization of the litigation structure of the criminal trial and the realization of the essence of the criminal evidence.First of all,the structure of the procedure of optimizing the criminal trial is mainly from the two aspects of defining the role of the judge and realizing the equal confrontation between the accusation and defense,so as to ensure that the court hearing quality can play its due function.Secondly,the essence of the realization of the criminal quality certificate is mainly from five aspects: perfecting the transfer system of the case papers,paying attention to the function of the pre court meeting,perfecting the system of witness appearing in court,strengthening the related procedure of the court trial,and formulating the effective quality certificate rules,promoting the essence of the criminal quality certificate,which to realize the legal rights and interests of the accused,prevent the wrongful false case,and realize the value of judicial justice and so on.