On The Building Of Evidence Discovery In China

Justice and effciency are the value which modern criminal litigation always pursues.However,considering Chinese revised criminal litigaion in 1996,though its reform in the way of trial absorb a lot of oppositing factors,series of corresponding systems and rules lack, which had brought about the new trial system was far from its desired results and lots of questions such as the unbalance of oppositing power between prosecution and defense as well as the difficult of reading files by defence counsel,etc.In this,as the adversary system of coordinated measures,the criminal evidence system's vaule not only accord with Chinese criminal litigation reform,but also help to solve above problems.Hence,it's great theory and practice value of strengthening researching the criminal evidence demonstration and coustructing a set of coordinated criminal evidence demonstration.This article is produced in this context.This article based on the theory of criminal evidence demonstration,observed and studied British and American advanced legislative cases,relevant provisions of Chinese Criminal Procedure Law and judiciary practice of the crimianl evidence demonstration,and finally combined in experiences which were concluded from the preceding part of the text and views presented by authors,bulit in line with Chinese actual crimina evidence demonstration.Specifically,the article was divided into four parts.The first part analysed the theories of criminal evidence demonstration,including its concept,purpose and value basis.The second part selected British and American criminal evidence demonstration to show a detailed analysis and sum up experiences for select out the useful elments of actual needs.The third part analyzed the relevant procisions of Chinese legislation and judicial practice in explored experiences of criminal evidence demonstration,and summed up experience to put forward the feasibility of building criminal evidence demonstration in China. The fouth part,combination of the above points and author's ideas,proposed the essential principles of building criminal evidence demonstration,and built separately about the substantive issues,procedural issues and security mechanisms.This part was the main content in the article. This article used methods of comparative analysis and empirical analysis.Being different from the comprehensive referring to the western legislations,this article only selected Britain's and America's criminal evidence demonstration to comparative analysis.This is a major feature of this article.Besides,this article pay attention to the present stage of criminal litigation and acceptance of judicial practice,not only looked at the future but also effortted to solve the problems at the present stage.As the restrictions of the author's knowledges and datas,if there were errors in this article,please give some advises.