关键词: 诱导性询问, 诱导性询问规则, 交叉询问, 庭审实质化

Abstract: In China, leading question is not only controversial in theory, but also interpreted with negative definition, thus being prohibited in legal norms. By analyzing 215 criminal judgment documents related to leading questions, the study finds that in practice, leading question is endowed with multiple connotations, resulting in the dilemma that in the process of investigation, prosecution and even trial, the identification and exclusion of leading questions is a real challenge. Leading question is legally prohibited, but practiced in reality. The inconsistency makes an obvious gap between legislation and practice. An discriminate prohibition of leading questions aggravates the illegality of judicial case handlers suspecting of asking leading questions. Therefore, it is essential to recognize the technical neutrality attribute of leading question in a rational manner, discern its positive and negative mode, and set up justified rules for leading questions in pre-trial and while-trial stages while improving the mechanism of identifying improper leading questions and making redemptive measures.

Key words: leading question, leading question rule, cross-examination, substantive questions in trial