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On The Establishment Of Testimony Discovery System In Our Country

Posted on:2008-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:X K LinFull Text:PDF
GTID:2166360272490829Subject:Law
Abstract/Summary:PDF Full Text Request
As an important system in criminal procedure, evidence discovery is to exchange or disclose materials and information between the accused and the accuser before trial. It originated from British criminal litigation of the party concerned. In Anglo-American Law System which practice the principle of a party, the evidence discovery system has been carried out in the form of enacted codes and judiciary law. After 20th century, with the interaction between the Mainland System and Anglo-American Law System, some countries which belong to mainland system, such as Italy and Japan, also bring up evidence discovery system. Make a comprehensive survey of every country about the evidence discovery, it's main value include searching for justice, protecting human rights and improving the efficiency of litigation.In order to accommodate modern judicial thinking and incarnate trial's neutrality in criminal procedure, China's criminal procedure law was revised in 1996, which borrowed the experience of adversary system, however, as a significant part in adversary system, the evidence discovery system has not been established. Meanwhile, the attorney of the accused has less access to know the evidence of case, especially for the evidence benefiting to the accused, therefore the relationship between the accused and the accuser become unbalanced. Lack of evidence discovery led to the unfairness of the criminal trial in China, it is a great disadvantage to the reform of criminal procedural system. How to improve the litigious efficiency while searching for the truth and justice has become a imperative problem in our modern criminal procedural model.By thoroughly probing into evidence discovery, this article introduce the present condition of evidence discovery in China, then establish the evidence discovery system in China comprising the principle, subject, suitable cases, time, place, the legal consequence etc. So as to solve the problem existed in our present criminal trial and protect the defendant's litigious rights and substantial rights efficiently.
Keywords/Search Tags:criminal procedure, evidence discovery, system construct
PDF Full Text Request
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