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

Evidence discovery is a very important concept and regulation in the criminal proceeding of litigant-adversary doctrine or quasi-litigant-adversary doctrine. Evidence discovery is of accountable significance in any criminal proceeding structure in which the charge-statement-only doctrine is practiced and the judge's burden of proof is forbidden. Britain and the U.S.A have formulated the evidence discovery regulation, which has a far-reaching influence worldwide. To guarantee the defending lawyer's access to the prosecutor's evidence, many other countries that have transferred from inquisitorial model to accusatorial model have set up this regulation, even in the traditionally civil law system countries such as Italy and Japan etc. have set up this regulation with the founding of adversary procedure and the forsaking of whole-file-transfer. In the eyes of the British and American scholars, evidence disclosure is the key guarantee for the fairness and effectiveness of the litigant adversary criminal proceeding.The criminal procedure law of China has in a large set up litigant adversary model and cut down the case material sent to court. Nevertheless, the defendant does not have much access to the procurator's evidence owing to absence of pretrial evidence disclosure institution. Therefore it's meaningful to look into evidence discovery, to guarantee the defendant right and human right and to promote judicial democracy and justice. This essay mainly covers, using jurisprudential analysis method and comparative method, the theoretical basis of evidence discovery and the founding of evidence discovery in the criminal procedure of China, so as to provide solution for the present theoretical disputes and regulation shortcomings.