Criminal Evidence Discovery System

The discovery of evidence is result of evolution of the adversary trail at certain stage in Anglo-American law system, and it is the important content of the principle of parties for criminal litigation. Inherent value that discovery of evidence embodies make a lot of countries including some countries of continental law system enact it. With the changing of our country criminal court trial from inquisitorial proceedings to adversary procedure, perfecting discovery of criminal evidence has become important guarantee for success of reform on criminal trial method.This article falls into four parts:The first part: Summary of discovery of evidence. This part mainly introduces the content of two aspects. On one hand, it analyses the history of discovery of evidence, and points out discovery of evidence is result of development of the principle of parties at certain stage. In addition, some countries of civil law system have adopted discovery of evidence, after their criminal litigation changing from inquisitorial proceedings to adversary procedure. On the other hand, it investigates current operation of discovery of evidence, and primarily presents regulations of discovery of evidence in UK, U.S.A, Italy, and Japan.The second part: Value analysis on discovery of evidence. At first, it expounds the value foundation of discovery of evidence, showing that fairness, efficiency, right to defense are inherent value. Secondly, it indicates disputes on the gains or losses of discovery of evidence. Moreover, it makes one whole evaluation, and the conclusion is more advantages than disadvantages.The third part: Study on discovery of criminal evidence in our country. First of all, it explains the regulations about discovery of evidence in the current legislation of our country. Secondly, it analyses these regulations, points out that it is not perfect, defective, and needs improvement. Finally, describes the necessity of discovery of evidence.The fourth part: Concrete design on perfecting discovery of criminal evidence in our country. This part mainly expounds the basic principles, scope of application, subject, range, time, space, specific operation procedure, status and function of judge in discovery of evidence, and sanction measures on behavior violating discovery of evidence.