Disclosure Of Criminal Evidence System And The Operation Of The Thinking

Evidence discovery, which is also named as "evidence show" and "evidence information", is an important concept and system of the litigation procedure of litigant and semi-litigation. It is based on the foundation of litigation procedure justice. Its development can be traced back to British and American litigation of the party involved.Countries all over the world carrying out the litigant doctrine all affirm and practice it. Because of the improved system of it in British and American law, Italy and Japan use their experience for reference. In China, the Criminal Procedure law was revised in March of 1996, which borrowed the experience of adversary system, so that, the criminal procedure of China has absorbed the factors of adversary system based on the traditional inquisitorial litigation system. However, due to the lack of supposed openness of the criminal evidence before trial, the accused and the accuser have no opportunity to exchange the information on evidence before the case's hearing, so that the attorney of the accused has no access to know the evidence of the case fully, especially for the evidence benefiting to the accused. On account of limitation of the legislation, some principle rules about the evidence rules in Chinese Criminal Procedure Law and justice explanations concerned can not meet the needs of reality and lags the practice a lot. So reforming andimproving the evidence legislation, including evidence discovery is imperative. It is extremely necessary for China to construct its own evidence of discovery system now.The whole thesis consists of five parts: The first part focuses on the introduction of the conception, the evolution of legal principle as well as the value basis of evidence discovery. The second part gives a brief account of the evidence discovery system in British, American, Japan, and Italy Criminal Principle and summarizes their development trend. The third part means to introduce the present condition of evidence discovery in China and the significance of its perfection is put forward as well. The fourth part deals with the establishing of the evidence discovery system in China comprising the principle, subject, procedure, place, suitable cases, the results of the law-breaking etc. Last part concentrates on the statement of the barrier and strategies in the process of evidence discovery.