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On cross examination of the building
Author: JiangHongWen
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: Criminal trial Cross-examination Lord asked Cross-examination rules
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 41
Quote: 0
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Abstract
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Cross-examination is to implement measures to protect criminal defendants the right to cross-examine an important device, this paper systematically explore the cross-examination system, mainly in order to completely get rid of the traditional pattern of litigation authority to establish the rights and obligations of highly uniform jury system, witnesses system, and perfect defense system anchored by lawyers appeal system parameters to maximize the discovery of truth. Through research prompted us to excessive pursuit of objective truth values, litigation system, evidence for some reflection and review system for China's judicial system entities justice and procedural justice, conflict and balance a little more understanding and insights. In this paper, the use of a literature analysis, comparative research, historical research and use of research methods. Reference for a lot of literature in comparative studies mainly in the Anglo-American countries, cross-examination as an example, combined with China's Criminal Tribunal for cross-examination of the current situation, in order to enrich our evidence investigation methods to help build our cross-examination system so safeguard the procedural justice smoothly. This paper is divided into four chapters. Chapter cross examination system overview. The chapter is divided into cross examination and cross-examination of the meaning of the basic theory of the system, first introduced the concept of cross-examination System and characteristics, followed by the foundation from the adversary, the defendant the right to cross-examine the concept, the relative theory perspective on cross examination system theoretical basis are described. And parse the cross examination of the physical value, the program value, negative value. Chapter constitutes cross-examination rules. The chapter is divided into three parts, with a Comparative Study of Anglo-Saxon countries, respectively, in the first part describes the main inquiry counter asked, and then ask other cross-examination of the main program; were elaborated in the second part of the cross-examination of the general rule; in The third part describes the cross-examination were exceptions to the general rule that special rules. Chapter III of the rules of the court cross-examination status and defect analysis. First of all, the author of the cross-examination of criminal proceedings the court summarized the current situation; Then, just point to the cross-examination of criminal court proceedings and the existence of many problems to be carefully analyzed. Chapter IV of cross examination system is established. I propose to follow the guidance of scientific thought and choice model, to establish a new type of cross-examination of the scope and operation of the program, and to improve our cross-examination of the specific rules expressed their views, and finally proposes to establish in our country a more complete cross-examination concerning supporting system, namely reform of the criminal jury system, universal criminal defense system, strengthen the witness system, improve the discovery system and build legal professional community system.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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