A Study Of Confrontation Procedures In Criminal Courts

The core of trial centrism lies in the courtroom as the center,emphasizing the presentation,cross-examination and determination of evidence in the courtroom to complete the trial,to realize the courtroom materialization.As a litigation activity to review and judge the authenticity of verbal evidence,trial confrontation emphasizes the mutual questioning and rebuttal of verbal evidence to be proved between the confronting subjects,which has a strong focus and confrontation,and is an important means of evidence investigation.The confrontation of evidence can be more adequately examined in the trial,and the truth of the case can be revealed in the trial,and the improvement of this procedure can help to further promote the substantive trial.At present,theoretical studies on confrontation mostly focus on the defendant’s right to confrontation,and the defendant’s request for confrontation aims at overturning the verbal evidence against him or her,which is essentially a defense for his or her own behavior.The content of the right of confrontation overlaps with the right of defense,and the necessity of establishing a separate right of confrontation for the defendant is open to question.For this reason,this paper focuses on the role of confrontation in the courtroom as a tool to find out the truth of the case.At present,there are few studies on the theoretical basis and operational rules of the trial confrontation procedure.At the legislative level,there is a lack of systematic provisions on the confrontation procedure,which makes it difficult to provide clear guidelines and regulations for the practical operation of the confrontation procedure.The existing confrontation procedure lacks operability and has a low application rate,which makes it difficult for the prosecution and defense to fully confront the key verbal evidence through confrontation in court,which to a certain extent hinders the judge from finding out the truth of the case in court and is not conducive to the promotion of trial substantiation.In order to promote the formation of a more operable trial confrontation procedure and further activate the role of confrontation as a tool for discovering the truth of the case,this paper systematically examines the reality of trial confrontation procedure by using literature analysis,case analysis and comparative study.Chapter 1 defines the object of this paper as the instrumental property of confrontation by analyzing the concept,requirements and theoretical basis of confrontation.The second chapter analyzes the legislative conflicts and the lack of legislation on the application and operation of confrontation procedures,as well as the lack of confrontation procedures in practice,from both legislative and practical levels.The third chapter adopts a comparative analysis method to examine the legal provisions of confrontation in Germany,Italy,the United States and other foreign countries,to distill the characteristics of the confrontation procedure in foreign countries,and to find the experience needed to improve the confrontation procedure in China.The fourth chapter proposes the reform and improvement of the confrontation procedure in China.First,to improve the legislation,clearly stipulate the way to start the confrontation procedure;second,to build the operation mode of the confrontation procedure,set the rules and specific steps for the operation of the procedure;third,to improve the supporting measures of the confrontation procedure,promote the appearance of witnesses on line,test the confrontation results and enrich the documentation of the confrontation procedure.