2. In a broad sense, cross-examination refers to a litigation activity in which the subject of cross-examination is allowed by law to inquire, identify, question, explain, explain, consult and refute all kinds of evidence, including the evidence provided by the parties, so as to convince the judge of the specific probative force.
3. Narrow-sense cross-examination mainly refers to the activities of the litigants to confront and verify the evidence presented in court during the trial. The essential feature of cross-examination is "quality", that is, questioning and questioning the evidence, and these "doubts" and "questions" have the nature of face-to-face confrontation. Although it may be necessary to identify, explain and explain the evidence in the process of cross-examination, these behaviors do not represent the essential features of cross-examination. It can be seen that although cross-examination has the nature of examining evidence, not all evidence examination belongs to cross-examination. The examination of one's own evidence does not belong to the category of cross-examination, but the questioning and questioning of evidence from a neutral perspective is the cross-examination, which embodies the essential characteristics of cross-examination.
4. China's criminal procedure law clearly stipulates that evidence must be publicly presented in court and cross-examined, which shows that cross-examination is a necessary procedure in criminal procedure legislation. However, judging from the current practice of criminal proceedings in China, the evidence presented by the public prosecutor is generally less subject to intense questioning and cross-examination, and the public prosecutor rarely asks high-quality questions about the evidence presented by the defense in court, and the cross-examination procedure has not played its due role.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 64 The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, arrest a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance. Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ. Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit. Article 67 A guarantor must meet the following conditions: (1) No involvement in this case; (2) Having the ability to perform the guarantee obligations; (three) enjoy political rights and personal freedom is not restricted; (4) Having a fixed residence and income.