On Establishing The System Of Evidence Disclosure In Chinese Criminal Procedure

The Code of Criminal Procedure amended in 1996 is of great significance in enforcing the democracy in prosecution procedure and improving the prosecution law due to its changing of the nation's traditional mode of prosecution and the establishment of the trial mode of adversary proceeding, both of which reflect the legislature's intention to safeguard civil rights. However, there are still many unexpected problems, which have not been thoroughly solved for a long time, arising from carrying out the law because it does not prescribe appropriate measures , such as the rules of evidence demonstration and the rules of witness' testimony, in assisting the reform on the trial mode of adversary proceeding, bringing consequently the problems of court attack and the lawyer's hardship of looking up files of a case.By studying the origin and history of the rules of evidence demonstration, the essay elaborates on therotical basis and emphasis the necessity of the establishment of the rules of evidence demonstration by comparatively analysing`foreign and demostic rules of evidence demonstration; the essay also has made a full argumentation on the feasibility of the rules of evidence demonstration by examining the therotical outcome of evidence demonstration rules.In an attempt to completely solve the problem of the lawyer's hardship of looking up files of a case and court attack, after reaching the conclusion that the evidence demonstration rules be established in the country and the conditions for establishing the rules have been met, the essay designs a systematic frame for the rules of evidence demonstration.