From the Perspective of the Relationship among Trial,Prosecution and Defense:Further Discussion on the Local Optimization of the Substantive Path of Criminal Trial Cross examination in China
With the continuous deepening of the substantive legal basis and institutional norms of cross examination in court,the relati-onship among trial,prosecution,and defense in court has presented a new situation where all parties are independent in accordance with the law,and the prosecution and defense sides are confrontational and unified.However,in practice,there still exists a phenomenon of"going through the motions"in court questioning,which is extremely detrimental to the promotion of substantive judicial reform in court trials.Therefore,it is necessary to strengthen the requirements of judges being experienced and neutral,equal and confrontational among prosecution and defense,and effective cross examination by the defense.We should adhere to the case handling philosophy of"judges presiding over,prosecution part and defense part opposing evidence",follow the rules of legal cross examination,improve the relevant provisions of judges presiding over cross examination,balance the prosecution part's power to cross examine in court,and effectively implement the defense part's right to cross examination opinions and suggestions,in order to achieve judicial fairness.
cross-examination in practicethe neutrality of the judgeequal confrontationthe rights of confrontation
NETL
NSTL
万方数据
