An Empirical Study Of The "trial-centered" Cross-examination Procedure

Promoting the substantive reform of court trial is the inevitable requirement of realizing the goal of litigation system reform centering on trial,and the core of court trial activities is the evidence and cross-examination activities.Therefore,reforming the present pattern of evidence and cross-examination in court trial has become the top priority of current criminal justice reform.This is because the criminal procedure is based on the principle of evidence judgment,and the identification of evidence must go through the investigation and verification procedures in the court hearing process,that is,the trial of evidence,cross-examination activities.Evidence can only be the basis of a verdict if it is proved and cross-examined by both parties and accepted by the judge.From the point of view of the public prosecution as a party to the criminal proceedings,the public prosecution organ can only win the victory of the public prosecution if it makes full use of the system of proof and cross-examination and obtains the support of the judges for the evidence and claims of the prosecution in the trial.At the same time,improving the system of proof and cross-examination,and improving the quality of proof and cross-examination are also necessary requirements to ensure the quality of handling cases by judicial organs and realize judicial justice.Therefore,this paper takes the practice of proof and cross-examination of public prosecution cases in Guiding County Procuratorate as an example,and studies the direction of the reform of the pattern of proof and cross-examination of public prosecution from four parts.The first part,from the "trial-centered" litigation system and the basic concept of cross-examination in court,analyzes the connotation and value of cross-examination and its necessity in the trial-centered litigation system;the second part,introduces the status quo of evidence and cross-examination of public prosecution cases in Guiding County Procuratorate;the third part,to the trial-centered litigation system.Guiding County Procuratorate as an example,summed up the current trial of evidence,cross-examination of the existing problems,and analyze its causes;Part IV,around the prosecution how to achieve the trial of evidence,cross-examination model to demonstrate,first of all,the legislative organs to improve the relevant trial of evidence,Cross-examination System of the law,followed by the public Proceeding from its own point of view,the prosecution organ has changed the mode of proof and cross-examination,fromthe strict examination of evidence and adequate preparation for cross-examination before litigation to the active response and initiative in litigation to grasp the initiative of cross-examination in court.