On Establishing The System Of Discovery Of Evidence In Chinese Criminal Procedure

The amended criminal procedure law of our country adopted the new model of prosecution, in which only partial materials should be transferred. This reform has significance of preventing the judge from preconceptions. But, because of the defects in the design of the systems, the system of discovery of evidence which is necessary to the new model of prosecution hasn't been established at the same time. It led to the arising of new problems in practice, the most prominent one among them is the obstacle which obstructs the defense attorney to review files, and as a result, the reform in trial system hasn't worked as expected. In this condition, the system of discovery of evidence has attracted much attention of both the academic circles and the judicial organizations, who have carried on theoretical research and put it into practice. But the concrete scheme that meets our country's needs is still in question. At present, the trends of strengthening the reciprocal discovery and extending the limits to the evidences discovered by prosecutor has emerged in the world, which are the factors should be considered in our country. The thesis started from the concept and the theoretical basis of the discovery of evidence, then studied and observed the typical systems of discovery of evidence in several countries to offer the materials for solving the practical problems in our country. After that, the author expounded and proved the necessity of the establishment of the system in our country in four respects as follows, breaking away from the difficult situation in evidence exchange; perfecting the structure of action; strengthening the protection, to the accused; cutting down the workload of judges. In the next part, the thesis analyzed the feasibility of the establishment of the system in our country from the angles of the experiences of Japan andcivil action in our country, attitudes of the litigant parties to the system, the experiment of the system in our country, and the present situation of theoretical study in law circles. At last, the author conceived the principles.and the concrete procedures of the discovery of evidence that should be established in our country.