Preliminary Research On Criminal Evidence Disclosure Of Our Country--Investigation And Positive Analysis On Shouguang Evidence Disclosure Pilot And Haidian Pilot

This text except that part of the foreword divides into three parts,about 30,000 words altogether. In the part of foreword, introduce mainly background information ofour country for transplanting the outside Evidence Disclosure System. In1996, China's reform of Criminal Procedure Law make our country originalContinental law system change to adversary system,but not completeadversary system . It is here that this behaves: on one hand in order toavoid prejudgment arising from involvement in the case before the trial,prosecutor transfer files from the whole to " main evidence and copy ",meanwhile,keep original consulting mechanism , make the defending partyknow little to evidence, cause right of defense to be obstructed ,influence the realization of defendant's human rights. Accordingly,consulting mechanism in this kind of form, prosecutor have no legal wayfrom the defending party to obtain the other's evidence informationbefore the court's trial, that make prosecutor willing transfer main rangenarrow evidence too, both sides nearly not understand to each other. Underthis kind of state, the evidence is attacked suddenly in the court's trial,ambush the phenomenon tried occasionally, putting to the proof and arguinglack the pertinence in the court both sides, court is broken down to forcefrequently,difficult to judge the case truth ,and double value of fairnessand efficiency not to realize. Just under the background, on the basisof drawing lessons from the western evidence disclosure system, practicedepartment launch relevant evidence pilot reform one after another, butShouguang Court and Haidian Procuratorate representative two pilot modemost among them. The key content of this text lies in evaluation and analysis ofShouguang Pilot and Haidian Pilot, how to draw lessons from foreignevidence disclosure, and how to set up criminal evidence of our country. Chapter one of this text is about two models that exists at home now,mainly referring disclosure subject, range of case, responsibility, time,place, punishment etc. Chapter two is about evaluation and analysis of the two evidencedisclosure pilot. Idea of Evidence Disclosure lies on finding true,ensuring the right to defendant, raising lawsuit efficiency. The doctrineof ensuring human rights and essence just idea occupy the leading statusin the adversary system, gradually with defendant, the evidence ofcriminal suit starts to show corresponding demonstrating four majordevelopment trends, namely: The prosecutor makes the range of evidencedisclosure expand constantly; The defending party make the evidencedisclosure in a certain limit; Administration of justice strengthengradually about the evidence disclosure; Court become indispensable partyto evidence disclosure gradually in Great Britain and American system ofEvidence Disclosure. Combining above-mentioned theories, this text tellsthe following content accords with above-mentioned ideas and developmenttrend: First, Shouguang Pilot include judge assistant and introduce thethird party to evidence disclosure system; Second, confirm to principleof prosecutor in an all-round way under the two pilot, at the same timeshow a certain limit obligation of the evidence to debate, this to accordwith advanced evidence disclosure idea, comply with development trend ofsystem of evidence disclosure. that is definite to deserve. Needimprovement and perfect in the following: First, the judge gettinginvolved initiatively to Shouguang evidence disclosure pattern is notappropriate; Second, two kinds of patterns are both running throughsetting up special evidence procedure, such procedure is stronglycharacterized by its power-oriented nature; Third, it is preside over bythe judge or the prosecutor, who decides disclosure time and place, lackthe flexibility; Fourth, punish way is comparatively single, relativelyweak. Those deviate from its original intention that system to set up. In addition, two mode's tentative positive results prove evidencedisclosure in our country under the current lawsuit getting right atcertain meaning. But t...