论刑事被告人的质证权

On the Criminal Defendant's Right of Cross-Examination

我国的质证制度在立法规定、操作规程、实施保障等方面存在缺陷,致使质证权落空。应在我国宪法中增设质证权条款并完善相关刑事诉讼配套制度,从根本上解决证人不出庭作证的问题,保障刑事被告人质证权的突现。

In China disadvantages in interrogation system such as legislative regulation, operation rules and implement protection make the right of cross - examination come to naught. The clause about right of cross - examination should be established in the Constitution Law and perfected in complete criminal litigation institution correlatively to solve the problem of witness not appearing in court and pwvide a guarantee for implementing the criminal defcndant＇s right of cross - examination.