The Study Of Criminal Evidence Discovery System

With the ways of our countrys criminal litigation court trials changing from inquisitorial proceedings to adversary procedures and the progressing of the criminal jurisdiction reformation,DISCOVERY is becoming an unavoidable issue in criminal litigation in our country. In practice,many jurisdictional authorities in our country have tried to explore and try it since 1999. This article,through comparing the discovery system among Britain,America and Japan,through analyzing the present actual situation of our countrys criminal litigation and from the aspects of the litigation modes,jurisdiction justice and the necessity for deepening the reformation of criminal trials,has proved that it is necessary and emergent in practice and applicable in theory to establish the discovery regime in our country. On the basis of above-mentioned analysis,this article has studied the discovery system about its subject,liabilities and content in theory. Meanwhile considering the actual situation of criminal litigation in our country,with reference to the scientific and reasonable elements of overseas adversary systems,the article has constituted and designed a complete discovery system,including the time,place,measures,methods of discovery,the limitation,exception,the examination of disputes and the legal effect of breach of discovery system.