西方质证制度的比较和借鉴

Comparative Study of the Cross-Examination Systems Put Into Practice by the Western Judicature

质证是指在案件审理过程中,质证主体与被质证主体之间,对出示的证据提出质疑、辩论、核实,由审判人员确认该证据的证明力的诉讼活动。英美法系与大陆法系由于历史、地理、文化等诸环境的差异,导致在质证制度上有许多特点。如证据开示规则、询问规则,关联性规则和可采性规则等。通过对这些规则的比较,找出我国质证制度的不足,从而有所借鉴。又如审前的证据展示,证人的出庭作证,当事人之间的交叉询问,关联性规则的确认以及可采性规则的设置等。

Cross- examination is part of a trial process in which the cross - examining subject and the cross - examined subject question, argue, and verify the evidence disclosed before the judge confirms its validity. Because of historical, geographical, and cultural differences between common - law system and civil law system, there are some distinctive features in the cross -examination systems. For instance, the rules of evidence disclosure, the rules of inquiry, the rules of relevance and the rules of admissibility all show some special features. Through a comparison of these rules, the paper attempts to find out the insufficiencies of the cross - examination system of our country, so as to establish something that can be used as reference when evidence is shown before a trial and witnesses appear in court, and when the parties cross - examine each other, the rules of relevance are comfirmed and the rules of admissibility set up.