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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,审判实践中质证很大程度以书面形式出现,这样就流于了形式,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。
The current code of criminal procedure clearly stipulates that the prosecution and the defense should enjoy the right of cross-examination. Its purpose is to strengthen the confrontation between them, to clarify the disputes during the confrontation and find out the truth of the case so that the trial will not go through the court. However, in the trial practice, the quality of evidence appears to a large extent in written form, which is thus outdated and far from the original purpose of legislation. The crux of the problem lies in the lack of safeguards for the realization of the right of cross-examination in our country. The safeguard comes from: the improvement of cross-inquiry rules and the construction of related supporting measures.