Cross-examination and Its Practical Asopects Emphasis on admisibility of evidence

• Main Authors: Julia Su, 蘇位榮
• Other Authors: 尹章華
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/58073178316675434072

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === The implementation of “New Rules that apply to Criminal Litigation” on September 1,2003, adopts an adversarial framework which emphasizes on cross-examination of witnesses and experts while evidence are being examined in the trial procedures. It is hoped that by the exercise of powers to cross-examine the parties, the court will find such exercise beneficial in identifying facts accurately and precisely. Therefore, the enforcement of the new cross-examination system can be considered a milestone in the development of the criminal litigation system in our country. In this dissertation, the author examines the current cross-examination system, which is considered to be in its primitive stages whereby the court, prosecutor and defense are relatively unfamiliar with the rules of the game, and in the practical sense tend to cause many disputes, especially when the goal of the cross-examination process is essentially to investigate and examine the evidence. The rules of evidence in our country, which determines admissibility of evidence, have deviated far from the past rules after the implementation of cross-examination procedures. Consequently, there are still many disputed points regarding what evidence is admissible and what is not. This is one of the author’s major aims in this dissertation. In this dissertation, Chapter one contains an introduction which outlines the reason which motivated the author to research into this topic, the aim which the author wishes to achieve via this dissertation as will as the research methods used. In the second Chapter, the author examines the nature and scope of cross-examination and in Chapter four, the author identifies problems that commonly arise in practice and ways to resolve such problems for the readers reference. Because the process of cross-examination only applies in the trial stage and not applicable in the prosecutors investigation stage, Chapter three examines this issue especially from the protection of human rights perspective since the author is of the view that amendment should be undertaken in the future to adopt a system where evidence is only presented to the court during trial. Chapter five of this Dessertation explains the relationship between cross-examination and admissibility of evidence. The author is of the view that the current trial procedures have its down sides in practice and illustrates this aspect by concrete examples in Chapter six. Finally in chapter seven, the author devises some recommendations on how the law should be changed to improve pracrical usage.