Criminal Proceedings, Evidence Discovery System Research

Discovery of evidence is a concept rooted in America and U.K, which are the representatives of adversary system. It is also an important system of criminal litigation. Discovery of evidence started in the 19^th century in Britain and has drawn much attention in the world ever since. The system of criminal trial in China is undergoing reform now. Pre-trial exchange of evidence has been tried out in some areas. But there are still some problems which has become a choke point that our criminal trial faces and has disturbed the realization of fair and efficiency of litigation. Because of the insufficient theory and the immature legislation skills in our country, there are no corresponding connection between the adjudgement and the prosecution program. The reform of trial method in China should pay attention to the spirit of adversary trial system but not the form .It will become an import part in the reform of setting up a special and perfect discovery system of evidence.First, this article indicates the definition of the evidence discovery. It points out the evidence discovery is a way to exchange evidence information between prosecution and defense. The evidence discovery system in different countries has undergone a process of development and perfection in different ways. This article makes a comparative research about the evidence discovery in America, UK, Italy and Japan. It introduces the origin, improvement, reform and the differences of the evidence discovery in these countries. The article is concerned with the debate on the advantage and disadvantage of discovery and draw a conclusion that it is more advantageous. Then, it explores the value basement and necessity of setting up this system in our country. In the last part of this article, it focuses on the design of the evidence discovery in China. On the basis of comparing different points, it proposes the author's own opinion. It points out the principles that should be grasped and analyses the main bodies, scope, time and place about Chinese criminal discovery system. It also mentions the punishment rules.