On Criminal Evidence Display System

The discovery of evidence is a very important conception and system in the litigation proceeding of the partyism , and it is a result for a certain phase during the development of the partyism. In the early 1800s ,under the reign of the traditional theory of sporting justice for a long time, the partyism emphasizes free competition. The design basisof the system is that the rivalship between the parties, the accusing and the defending, persuade the gownsman by grand advocacy. During the litigation, the accusing and the defending have no idea of the proof of the opposite. In the interrogation, both of them assault each other by proofs so that the adjudgement comes into the game of a contest, and the equity will supplying be impacted undoubtedly. From the metaphase of the 19th century to the early of 20th century, the theory seeking for the truth in the equity procedure replaced the contest the theory of sporting jusuice , and became the basic theory guiding the justice procedure. This theory pinpoints that "the equitable arbitrament should reflect the truth of the case but the formal equity" . The justice equity demands the procedure equity and the procedure equity must be helpful to substantial equity, while the substantial equity must be realized with the help of the discovery of evidence.The discovery of evidence in the litigation have important signification in the litigation framework that does not need the deportion of law case and the accusing and the quote defending qouting in the courtroom. This system have been relatively perfect overseas as an important system. The discovery of evidence in the litigation can be demonstrated in two modes , the double-way quoting and the single-way quoting. The double-way quoting represents the trend of the development of the discovery of evidence in litigation. The mode of the dicovery of evidence can be classfied by different standars as the focus discovery and the separate discovery; oblige discovery and unoblige discovery, the complete disovery and the segment discovery. The principal part, the range, the limitation,the time and the site for the discovery are not accord in different counties regulation.The system of the discovery of evidence contains equity, justice,efficience and the essentail merit in modern times. It have been exerting the important procedure function during the safeguarding the lawsuit efficiency and have been regarded in many counties .it's even explained as the regulation standard for the international litigation by the prejudication and the statute law. The discovery of evidence is helpful safeguarding the accused's quoting right in the courtroom and equality in the litigation. It respects and ensures has the accused's rights in estimation sufficiently. From the dealing with the case,it can prevent the evidence assaulting and make the disputedproblems quoted and debated in the courtroom sufficiently. It is of help to find the truth of the case and realize the substantiality impartiality. From the benefits of the litigation,the discovery of evidence can advance the operationand of simply procedures cut down the evidence assaulting and shorten the periods of the lawsuit and reasonably deploy the lawsuit resource.After the edition of the Criminal Law, our county have been making great reformation on the traditional accusation mode, which introduced the opposability trail system. It is important to advance lawsuit democracy and complete healthy the lawsuit system. On the other hand , it also reflects the tenet that the legislator increasingly emphasized the safeguarding for the civil rights. But because the match system of the opposability trail system reformation have not been established , there are many problems appearing in excuting of the new Criminal Law. Among these problems, the difficulty of attorney inspecting volum and evidence assaulting are the direct sequence It is the only selection to advance democracy and realize nomocracy we that use the overseas lawsuit legislation advanced experience for reference, establish our system of...