Quality certificate, referred to in the trial, to explain the question proof and proof of the parties to determine the evidence, evidence ability, has no probative force or strength, and ultimately the judge decided whether that adoption proceedings. The lawyer as a quality certification body, how can the maximum effective cross examination to judge accurately identify favorable to the defendants in the facts of the case, I talk about a few opinion from the quality of evidence and skills.

    A, cross examination opinions highlight. 

    Have the objectivity, relevance of evidence, legitimacy, to have the evidence ability, can be used as the basis for ascertaining the facts of a case. Therefore, testimony to closely around the three characteristics of evidence. The lawyer or that the public prosecutor to produce evidence does not have the objectivity, legitimacy, relevance in one or several characteristic, or evidence of whether they have the three characteristics of the question, so that the judge to the evidence can be used as the basis for ascertaining the facts of a case the suspect without adoption of the public prosecutor to produce adverse to evidence of the accused.

    Evidence must also have three characteristics: objectivity, relevance, legitimacy. Then the objective real evidence, if there is no relevance, it doesn't matter and the facts of the case, to prove the defendant guilty, not guilty, not influence crime light, crime, of course, can not be used as evidence, for the evidence is used to prove the facts of a case. On objectivity, legitimacy is without doubt the evidence, the lawyer must carries on the analysis to the evidence from the association of a certain association analysis, whether the evidence and the facts of the crime accused, whether to support the prosecution charges. In criminal trial, the evidence material to numerous cases, from time to time there will be no problem of authenticity, but the allegations and there was no evidence of an association. For such evidence, lawyers from the association of the timely put forward examination opinions, avoid and irrelevant to the case evidence was used as evidence, avoid the judge mistakenly believe that the evidence of guilt has reached the standard of proof is sufficient. Witness testimony is often the evidence in criminal procedure, some cases will have multiple copies of the testimony of witnesses, some witnesses to prove the facts from the truth of the lawyer can't pick out any problems, but careful analysis, and the accused does it doesn't matter. If the lawyer did not notice the relevance of evidence, a number of rich evidence is very easy to judge the evidence has reached the standard of proof is wrong, full of.

    Evidence is the legitimacy is a value judgment process. Especially in the verbal evidence, criminal procedure law and relevant judicial interpretations have explicitly illegally obtained evidence be excluded. Lawyers in the review of the evidence, an important task is to examine whether there are factors influencing the validity of evidence. For example, through the review of interrogation of suspects would have asked the victim, a witness, whether it has received the relevant evidence, the suspect's confession and whether the evidence is highly consistent, judging whether there may be inducement; by criminal suspects, defendants have been signs of damage, to determine whether there may be a torture to extract confessions. In judicial practice, the exclusion of illegal evidence is very difficult, but the evidence law effectively, can reduce the dependence on the confession of the accused, increase public prosecution proof and demonstrated the difficulty.

    Objectivity is the basic feature of all the evidence, its not true material, certainly cannot be used to prove the facts of the case. In most cases, the objectivity of evidence of lawyers is based on evidence. To a large extent, determining the facts of the case, is that the authenticity of evidence judgment choice process.

    Quality certificate for evidence of whether to adopt specific what, lawyers have objectivity, relevance, legitimacy centering on evidence, highlight the key quality of evidence, not just stay at the surface of facts and all the minor details. For example, for a significant interest relationship with the defendant's testimony of a witness, counsel if only the witnesses and the accused has important relationship, do not make further in-depth analysis, the intensity and effect of quality of evidence may not be obvious. The public prosecutor is also very easy to refute, because any understanding of the circumstances of the case has the qualifications to testify, not because of significant interest relationship is of course not believed the testimony of the witnesses and the accused. However, if the lawyer proposed, the testimony of a witness and identified a case has been verified or some other evidence contradicts the testimony of a witness, false possibility is no longer just speculation, but the fact based judgment, in this case, the judge should be cautious of the testimony, examination of the effect is easy to get the judge's approval. So, no matter what the lawyer proposed specific reasons, examination opinions should be attributed to the evidence as to whether have the objectivity, relevance, legitimacy, drawn from the evidence could be identified as conclusion.

    Two, examination opinions, one one specific examples. 

    In criminal trial, some lawyers are used to put the main examination opinions on important evidence, for the evidence is not evidence of other. Such evidence, the reason may lie in understanding the meaning of lawyer testimony is not sufficient.

    In criminal cases, lawyers evidence to show to the public prosecutor questioned the evidence, questioning the proof power of the objectivity of evidence, relevance, legitimacy and the facts of the case size, thus denying the prosecutor of the guilty, criminal facts. At the same time, to explain himself to show the evidence, to prove innocence, light offence facts. The effective cross examination of lawyers, can reduce or even deny the prosecutor of the guilty, criminal facts, but once the judge has formed the public prosecutor evidence did not reach the standard of proof is convinced, in accordance with the principle of presumption of innocence, the defendant should get the verdict of not guilty, the defendant's legitimate rights and interests can be maximally security, defense lawyers also took positive effect. So, to doubt all prosecutors evidence, the lawyer should be one one lists, clearly pointed out.

    First, in the oral evidence in the record, a record may be either the content of evidence against the defendant, there are favorable to the defendants evidence content. For such evidence, the lawyer cannot simply be admitted or denied, the lawyer shall prove effect through cross examination to maximize the evidence favorable to the defendant facts. The lawyer can make clear the public prosecutor to produce evidence, which content of evidence proved favorable to the defendants in fact, such a proof can get what evidence to prove that, favorable to the defendant is the fact that the existence of.

    Secondly, for the defendant is not conducive to the evidence, as long as the evidence in question, whether the question is simply the negation of the evidence ability, or questioned, reduce the proof power of evidence on the ability of evidence, the lawyer should be evidence in place. In fact found favorable to the defendants, the lawyer as the legitimate rights of criminal suspects and defendants, maintenance, occupation habits and skills lawyers decided has more advantage than the judge, the public prosecutor. The lawyer found the defendant is not conducive to the evidence in question, do not suggest that prosecutors and judges are able to find and pay attention to these questions, so, the lawyer is necessary to these questions and give a full explanation, let the judges have certain knowledge on these questions and give sufficient attention. So, in order to achieve the purpose of quality certificate.

   In the pretrial preparation, provide evidence for prosecutors, lawyers shall indicate and record what a piece of evidence, the evidence of what page is in doubt, have what doubt, and detailed analysis of the influence of the question of admissibility of evidence, ready to fully cross examination opinions.

    Three, pay attention to cross examine the source of evidence, collection, preservation, fixed, custody. 

    1, sources of evidence is one of the aspects affect the authenticity of evidence.

    Evidence holder and whether the case has interested, and criminal suspects, defendants, victims are interested. If interested, and there is evidence holders may be improper influence evidence authenticity, the source of evidence should be fully cross examination.

    For example, for the victim's statement, shall review whether the victim report; the victim in what case report; when to make the statement of victims; what are the requirements; in the victim did not report the situation, how to find the units of the victims, these issues, are likely to affect the authenticity of the victim statement, particularly in cases of rape, the statement is true.

   For instance, the witnesses, shall examine whether the witness can be proved in the field; examine witnesses and victims are interested, and criminal suspects, defendants are interested. If a witness to prove the case fact and other evidence of the facts of the case that a major contradictions, the witness has interest relationship with the case, use should exclude the testimony of a witness. If the staff have demonstrated that the witness was not on the scene, and the witness in the interest and the circumstances of the case and made a particularly advantageous to the suspect, the defendant was especially bad or testimony, should exclude the testimony of a witness.

    2Evidence, collection of evidence

    The lawyer to collect evidence in question shall, for the prosecution to collect evidence of that, when necessary, request the public prosecutor to produce evidence to prove. For example, on the evidence, evidence holders characteristics on evidence, investigation personnel access to prove, this evidence is the ability to identify the personnel identification, witness testimony, evidence gathering process of site investigation record location and character of the evidence for the record.

    3,The preservation of evidence, the fixing of cross examination

    The preservation of evidence law, the fixation of doubt, shall request the public prosecutor giving instructions, when necessary, request the public prosecutor to produce evidence to prove, such as the evidence is evidence, evidence for safekeeping by scientific preservation of evidence.

    Cross examination of evidence, can not be confined to the content of evidence and the form itself, sources of evidence, collection, preservation, fixed effects of the authenticity of evidence is an important factor. The source of evidence, collection, preservation, fixed for effective cross examination, sometimes may effectively avoid miscarriages of justice, play good defense effect. As in the Du Peiwu case, on the soil component extraction Du Peiwu sole attached to the soil and the scene of automobile clutch pedal agreement were identified, the identification conclusion does not exist in the litigation stage, was a late form, however, is who, extraction method by which the earth? Who is involved in the extraction process of earth? Extraction of soil or the witness? To prove for the extracted from the clutch pedal on earth does from the case of a car? Automobile clutch pedal on the soil extraction is when? There are long and the case? The scene includes extracting soil car is how to protect? These problems affect the samples, according to the appraisal conclusion--Extraction of automobile clutch pedal on earth is Du Peiwu left the earth. If not for the sources of evidence, collection, preservation, fixed were proved, cannot prove the identification conclusion on the basis of soil is Du Peiwu sole and a clutch of the soil, making identification method for identification and scientific, can not prove that there is a certain relationship between Du Peiwu and the car which is one of the most important facts of the case.

Four, contact other evidence synthesis quality certificate.

An evidence, judge the objectivity depends largely on the contents of other evidence. If effective verification can be other evidence, the evidence may be verified, so as the basis that the facts of the case; if no other evidence to prove, but also with other has been verified evidence contradicts the objectivity of evidence, it is difficult to prove. So, in the processing of single evidence, lawyers should not be limited to the evidence itself, should be combined with the prosecutor has to show links and will produce the evidence and other evidence of cross examination, is not conducive to the evidence of the accused, points out the contradiction between the evidence; evidence in favor of the defendant. Evidence corroborated, that between the.

    Of course, does not rule out the possibility of analyzing individual evidence. A single evidence, its contents if contrary to nature, social rules or not sensible, logical errors, inconsistent, but also from the evidence itself to question the objectivity of evidence.

    Five, timely summarize evidence. 

    In criminal cases, less no evidence to prove force, in general, are evidence that certain, but the evidence to prove force strength has the different understanding. Evidence that the force strength is the evidence stage need to identify the content, in the court debate stage, lawyers need to elucidate the defense thought system and the facts of the case and the law of comprehensive defense opinions, not suitable for small or show the evidence discussed. From the practice of cross examination in criminal cases, cross examine the evidence to prove force is a weak link in the lawyer cross examination. There are many lawyers evidence from evidence proved wrong, this is a misunderstanding of the quality certificate.

    In the unique occupation thinking habits and skills oriented, lawyers have stronger ability to find and reveal the probative force of evidence in favor of the defendant. From the analysis of the division of functions of different main proceedings in criminal litigation, the lawyer is also necessary to fully reveal the probative force of evidence in favor of the defendant and the influence on fact finding to the judge. The judge is neutral, transcendent status, it is the public prosecutor, judge need to hear proof of the defendant is not conducive to the evidence reveals and lawyers to reveal to the defendant's evidence. If the lawyer does not take the initiative to reveal the probative force of evidence in favor of the defendant, the judge had to rely on the public prosecution of the defendant is not conducive to the evidence, the facts of the case are easily backward prosecutor side.

   On the other hand, question that put the public prosecutor is not conducive to the defendant's evidence, which is also an important aspect of the lawyer cross examination, effective questioning, can increase the difficulty of proving the public prosecutor. Proof proof did not raise any questions of evidence and evidence of effective questioning is obviously cannot be mentioned in the same breath.

    Six types of evidence, combined with the characteristics and specific content of evidence examination. 

    Different evidence category, there are general rules and its own characteristics. For example, verbal evidence, make oral evidence and the case, criminal suspects, defendants, victims are interested and the people on the facts of the case of perception, memory ability, expression ability and integrity will affect the objectivity of evidence. For the conclusion, in addition to the identification of people with the case, criminal suspects, defendants, victims are interested, identification of material evidence is sufficient, the current level of science and technology is able to solve the special problems, the accuracy is related to the procedures and methods of identification of science will affect the identification conclusion. So, in the cross examination, the lawyer must accurately grasp the general characteristics and laws of different types of evidence.

    Seven, combined with demonstration mode quality certificate.

    At present, the lawyer could see all evidence before trial, also depends on the number of main evidence prosecutors to copy. If the public prosecutor to all the evidence materials, before trial, lawyers can see all the evidence materials, can be a careful analysis of the evidence, fully prepared to cross examination; if the public prosecutor is transferred to the part of the evidence, the lawyer did not transfer evidence to prosecutors cannot mention before analysis, only in the trial instant quality certificate. 

    In the present evidence, the prosecutor summarizes the content of evidence, the evidence does not read full text. In this case, lawyers should pay attention to the public prosecutor is accurate, comprehensive summary. If the prosecutor concludes not comprehensive, lawyers should be in the testimony of anaphora, when necessary, it shall request the prosecutor read. If the content of evidence favorable to the defendant's key, lawyers can be read in evidence, and then published evidence. Quality certificate, must have a definite object in view, lawyers in"Vector"First, to make the public prosecutor to"The"Shine. 

    Examination is a very important problem in the trial, criminal defense lawyer must work hard, summing up the experience, lessons, so that their interrogation techniques become more and more mature, in order to effectively safeguard the legitimate rights of the defendant.