Criminal Evidence Display System

With the implementation of the new Chinese Criminal Law in 1997, some transitions have been made from bureaucratic questioning to party debating in terms of the judiciary styles.The establishment of the new court trail mechanism is in favor of the protection of the defendant's litigious rights, the discowery of the truth of the law cases to the greatest extent, and the achievments of the justice of the legal procedures.In recent years, from the judicial practices's point of view, however, the new court trial mechanism has not meet our expectations due to the failure in the establishment of the relevant institutions, such as criminal evidence demonstration institution, and criminal evidence rules, which support the party debating judiciary style.The major embodiment is that the antagonism between prosecutes and defendants in court becomes weak instend of being enhanced because the prosecutes refuse to demonstrate all the evidence to the defendants.At prsent, the apparent problems are the unbalance between prosecutes and defendants and the difficulties for lawyers in reading the message.Based on the researches on the initiation and the development of the criminal evidence demonstration mechanism, this paper analyzed its theoretical basis and its practical significance.Comfared with the Continental Law System, the British Law System and the Amenrican Law System in terms of the criminal evidence mechanism, this paper explored its value in the criminal litigation.In combination of the legal theorities and judicial practices in China, this paper also werified the necessity and the feasibility of the establishment of the criminal evidence demonstration mechanism in China, meanwhile, the paper put forward some ideas for the construction of Chinese criminal evidence demonstration mechanism, looking forward tomaking some contributions to the reformation of the court trial system and renlization of the litigious principles and the litigious walue.