摘要
诱导性询问在我国立法上有所体现,但我国对诱导性询问存在误读。究其原因,一是我国当前的诉讼模式与诱导性询问的生成所要求的诉讼模式存在差异;二是我国刑事诉讼中证人出庭率低,立法上没有确立交叉询问规则,导致诱导性询问在我国的确立缺乏根基。文中提出了一些建立和完善诱导性询问制度的看法,以期能对我国构建诱导性询问有所裨益。
Leading question is existing in our legislation, but we are misunderstanding it. The reason is that the current litigation mode is different from the one demanded in the formation of leading question. Due to the low appearance rate of witness in the criminal procedure and no cross - questioning rule in legislation,leading question is lack of foundation in China. The paper put forward several ideas on building and perfecting leading question system in order to be able to establish the rule of leading question in China.
关键词
诱导性询问
交叉询问
证人作证
诉讼模式
leading question
cross - questioning
testify
litigation mode
