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交叉询问是我们耳熟能详的字眼,对于其具体的规则内容,我们也非常熟悉。本文将焦点集中于交叉询问的运行机制问题,即何种条件能使交叉询问发挥其最优价值。当前,我国庭审中证人质证的方式虽基本具备了交叉询问的外壳,但其功能性价值却收效甚微,这是令人迷惘之处。笔者认为,解决问题的前提是先要明确交叉询问的运行机制,只有这样方能解我国“交叉询问”流于形式之惑。故本文从交叉询问的案件范围、运行条件两方面进行分析,继而将我国证人质证方式之弊病呈现于眼前,弄清两种质证方式运行环境之差别,进而得出我国证人质证方式合理构建之框架思路。
Cross-check is our familiar word, for its specific rules, we are also very familiar with. This article focuses on the question of the operational mechanism of cross-interrogation, ie the conditions under which cross-interrogations can exercise their optimal value. At present, although the methods of witness testimony in court in our country basically have the shell of cross-examination, their functional value has little effect, which is astonishing. The author believes that the premise of solving the problem is to first clear the operating mechanism of cross-examination, the only way to solve our country “cross-examination ” flow in the form of confusion. Therefore, this paper analyzes the range and operating conditions of cross-examination, and then presents the shortcomings of the witness-testimony method in our country, and clarifies the difference between the two types of verification methods, and then draws a reasonable framework for the construction of the evidence- Ideas.