论质证实现的保障措施

现行刑事诉讼法明确规定了控辩双方享有质证权,其目的是为了加强它们之间的对抗,在对抗中澄清争议,发现案件真相,使庭审不走过场。然而,审判实践中质证大都以书面形式出现,往往流于形式,与立法初衷相去甚远。其症结在于:我国缺失有关质证权实现的保障措施。该保障措施来源于:交叉询问规则之完善和相关配套措施之构建。

Discussion About the Safeguarding Measures of the Realization of the Right of the Querying

In order to strengthen their confrontation, Clarify the controversy and find the truth through the confrontation,the criminal procedure law of China provides that the parties on court have the right of the querying.However, the querying oncourt appears in the form of bookish. There is the bigger gap between the justice and the legislation.The question lies in that our country lacks of the measure of the realization of the right of the querying.So we should improve the rule of the cross-examination and build the necessary rules.