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The Research of Our Country Protective Mechanism To Crime Cross-examination

Author: GengDan
Tutor: FengHuiMin
School: Hebei University
Course: Procedural Law
Keywords: Criminal cross-examination Safeguard Mechanism Perfect
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 43
Quote: 0
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Abstract


Cross-examination as an important stage of the process of judicial proof is a necessary procedure of the criminal trial , and plays a central role in the effective operation of the entire judicial proof . It to the parties to the litigation advocate to safeguard the fundamental rights of the parties has an important value and significance . However , due to criminal cross-examination of legislative provisions too the principle of protection mechanisms and their matching is not perfect , so that the entire cross-examination program a mere formality , criminal cross-examination should function and the role has not been exploited . To play its due role in the course of criminal proceedings in order to promote cross-examination program , we emphasized to strengthen the perfect criminal cross-examination system at the same time , should also be aware of the synchronization establishment and improvement of the supporting protection mechanisms and cross-examination system is particularly important . Only truly established protection mechanisms for supporting criminal cross-examination , the value and role in order to protect the criminal cross-examination system itself to get a real sense of realization . Therefore , in-depth study of criminal cross-examination of the protection mechanisms have important theoretical and practical significance . Firstly, start from the general theory of criminal cross-examination to go into the details , based on the analysis of the meanings and characteristics of the cross-examination of the criminal , criminal cross-examination protection mechanisms and important value . After effects of three different foreign criminal cross-examination mode and its protection mechanisms , and improve our criminal cross-examination safeguard mechanism on the basis of a comparative analysis of them and some enlightenment . Reality combined with our criminal cross-examination safeguard mechanism , the analysis of the problems of our criminal cross-examination safeguard mechanism in the legislation and judicial practice , this paper based on the condition of our country on the basis of some specific perfect our criminal cross-examination safeguard mechanisms recommendations , including: additional evidence display , perfect the system of witnesses to testify , to perfect the forensics rights of the defense counsel and the right to defense , and useful reference and learn from foreign experience and advanced practice queries perfect cross in our criminal procedure rules , equality and cross-examination of rules , court cross-examination rules , direct cross-examination of the concept of criminal cross-examination rules of the rules and comprehensive cross-examination rules , to be useful to improve our criminal cross-examination safeguard mechanism .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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