Evidence In Criminal Proceedings. Display System Research

Along with the reform with respect to criminal litigation regime in China, the evidence discovery issue has begun to have a direct impact upon judicial practice. This paper aims at discussing in relation to the general legal theory and function of the evidence discovery regime.1 .Definition, contents and significance of evidence discovery regime1.1 Definition and contentsEvidence discovery refers to a process prior to court proceedings where mutual parties acquire relevant information in respect of the case in question. The information discovered includes the following: (a) the evidence material acquired or to be used in litigation by one party; (b) the case-related information; (c) opportunity for the other party to receive relevant information which was under one's control. Evidence discovery is divided into formal discovery and informal discovery.1.2 SignificanceThe significance of evidence discovery in litigation proceedings ofopposed characteristic is to ensure the justice and efficiency of litigation.The opinions against the above are as follows: first, one party being held liable for evidence discovery to the other party infringes the principle of party autonomy. Secondly, this may result in the occurrence of threatening witnesses and hiding the proof of a crime.2. The main points and legal theory of evidence discovery procedure internationally2.1 The obligation of evidence discovery of mutual parties in alitigationThe US emphasizes the principle of mutually equal treatment, in other words, the evidence discovery regime is mutual. The UK's view tends to stress the obligation of evidence discovery of counsel for the defense.It is therefore summarized as follows: (a) the obligation of evidence discovery of parties should be established; (b) such obligation should be mutual; (c) the obligation of evidence discovery of prosecutors is significant than that of counsel for the defense for the following reasons: first, prosecutors have more sources. Secondly, the evidence collected by prosecutors often serves as the mainfundamental of the case facts.2.2 The scope of evidence discoveryThe US has gradually widened the scope of evidence discovery. There are in Japan two opinions in relation to this issue: complete discovery and limited discovery. In the UK, prosecutors are required to discover the evidence acquired, including all evidence material to be used in the court proceedings as follows:2.2.1 The names and addresses of appraiser and witness who is to be called to present in the court.2.2.2 Book and goods evidence to be used in court proceedings.2.2.3 Inspection report and appraisal conclusion to be used in court proceedings.2.2.4 Due to the requirement for investigation with regard to other cases, certain evidence may not be discovered at a minimum level.2.2.5 rosecutors should provide the other side with evidence material in favor of defendant.2.3 The procedure of evidence discovery and sanction against the Infringement2.3.1 A brief introduction to the evidence discovery in the US and Japan, for instance, as an important part of pre-court procedure in the US, prosecutors must disclose the relevant evidence to defendant even though the defendant gives up the pre-court or the pre-court procedure is absent in certain circumstances.2.3.2 The sanction against the infringement in evidence discovery procedure. The US courts adopt the following approach: ordering parties to discover evidence, approving the deferral of judgment and prohibiting parties from presenting the evidence that was not discovered. The US courts also has the power to make a decision at its discretion in certain circumstances. The courts may designate the time, place and means of evidence discovery, and provide for appropriate term and conditions, etc. UK is similar to the US in this regard.3. The evidence discovery regime in China at present3.1 The legislative and enforcement aspects in respect of evidence discoveryThere are thr...