Study On The Duty Of Disclosure In Criminal Procedure

The duty of disclosure in the criminal litigaiton is mainly the duty established for the State agency, the goals of which lie in regulating the litigation action of the State agency, preventing the authority abuse of these institutions, and ensuring the fairness of legal procedure, and the value objective of which is to balance the strength gap between advocate and accuser. Based on realizing the substantive equality in criminal litigation, the informing obligation for the state agency to the defendant was set lawfully, so as to endow the defendant with the relevent right of impelling the agency to act positively, which is the requirement of realizing the justifiability of procedure. The duty of disclosure is the manifestation of litigation tending obligation which is a special duty fulfilled by the State agency to the defendant, as well as one of the most important and basic procedural rights of the defendant. The exploration of the theoretical basis of the duty of disclosure, the comparison of the extraterritorial ordinances of it, the analysis of the realistic need of it, and putting forward of the system framework of it are important to standard state criminal prosecution action.