刑事庭审交叉询问制度研究

发布时间：2018-07-23 16:22

【摘要】：交叉询问是起源于英美法系的法庭调查程序。交叉询问不仅作为刑事法庭证据调查程序的重要一环,有利于挖掘案件事实,为判决结果提供可靠基础；同时,其所蕴含的尊重人权、程序正义的价值,也为社会公众认可裁判结果、增加裁判的可接受性奠定了基础。因此,庭审交叉询问制度不仅仅适用于英美法系国家,而且被世界其他国家所认可、借鉴。然而,作为一项发达、复杂的对抗制下的庭审证据调查程序,交叉询问在被其他国家引进的过程中困难重重。其中不仅有诉讼传统、法治文化的掣肘,也有配套制度缺失导致的实施困境。本文即着眼于我国目前存在的庭审形式化、当事人主体性地位较弱、司法公信力不足等问题,旨在通过改革刑事庭审交叉询问制度突破我国当下诉讼法治发展的瓶颈。尽管我国也存在改革刑事庭审交叉询问制度的文化观念、诉讼传统等诸多束缚,但是笔者依然从我国刑事诉讼法的理论和实践完善中看到了此项制度改革胜利的曙光。
[Abstract]:Cross-examination is a court investigation procedure originating in the common law system. Cross-examination not only serves as an important part of the criminal court evidence investigation process, but also contributes to the discovery of the facts of the case and provides a reliable basis for the outcome of the judgement; at the same time, it implies the value of respect for human rights and procedural justice, It also lays a foundation for the public to recognize the results and increase the acceptability of the referees. Therefore, the system of cross-examination is not only applicable to common law countries, but also recognized and used for reference by other countries in the world. However, as a developed, complex adversarial court evidence investigation procedure, cross-examination is difficult in the process of being introduced by other countries. There are not only litigation tradition, rule of law culture constraints, but also the implementation dilemma caused by lack of supporting system. This paper aims to break through the bottleneck of the current development of Chinese procedural law by reforming the system of cross-questioning of criminal trial, focusing on the problems of the formalization of the trial, the weak subjectivity of the parties, the lack of judicial credibility, and so on. Although there are many restraints such as the cultural concept of reforming the system of cross-questioning in criminal trial and the tradition of litigation in our country, the author still sees the dawn of victory in the reform of this system from the perfection of the theory and practice of the criminal procedure law of our country.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

【参考文献】