Research On My Country's Cross-examination System

Since the revision of the criminal procedure law in 1996,China's criminal trial has gradually absorbed the litigant doctrine mode of the Anglo-American law system,and the confrontation between the prosecution and the defense in the trial has been strengthened,but it does not mean that China has adopted the adversarial trial mode.In order to realize the substantive trial,the first thing is to realize the substantive confrontation between the prosecution and the defense in the criminal trial.Starting from the current situation of China's cross-examination system,this paper studies the improvement of China's cross-examination system,so as to promote the trial in China and promote the trial of criminal justice.To realize the substantive trial,the cross-examination system must be used as the carrier to realize the substantive trial by improving the participation of both parties in the trial and guaranteeing the defendant's right to defense and cross-examination.Secondly,based on the legislation of our country and the actual situation of cross-examination system in the judicial investigation,found that the current system to ask witnesses are present,but only has the general outline of this system,which mainly exist in the way to ask the witness the strong functions and powers doctrine,ask the order also difficult to reflect the nature of the cross,to ask and cross-examined the witness is relatively limited scope,defend both sides is difficult to effectively defense cross-examination by witnesses.Therefore,it is suggested that in the current criminal trial in China,the inquiry of witnesses should be mainly conducted by the prosecution and the defense,and it is more appropriate for the judge to make supplementary inquiry,that is,the litigant litigation mode is the main mode,and the authoritarianism is the auxiliary mode.For cross-examination on the order of,in principle to the party the witness to appear in court to ask Lord,then the rotation asked(ask),for the prosecuting and defending parties in the witness by the judge or by the prosecuting and defending parties in the witness should be put forward by the common to negotiate accord the result of the decision,in order to make sure to witness the prosecuting and defending parties in the process of the cross-examination equality;In the scope of cross-examination,we should distinguish the difference between main inquiry and counter-inquiry.Moreover,due to the innate evidence asymmetry between the prosecution and the defense,the defense is in a weak position in the trial,and it is very difficult to apply for the exclusion of illegal evidence.The purpose of cross-examination is to find the witness testimony beneficial to both sides of the prosecution and the defense,and the improvement of the evidence discovery system is conducive to improving the efficiency of the court trial.Finally,the positioning of the judge,the prosecutor and the defender in the cross-examination is analyzed.As the two sides of the prosecution and defense,the prosecutor and the defender need to strengthen the practical ability of cross-examination,properly carry out cross-examination skill training and business communication,and strengthen their own professional ability.But the judge should abide by the neutral position in the cross-examination,can not intervene in the inquiry of both parties according to the authority,still should not intervene.