Criminal Evidence Discovery System

Discovery of evidence is a concept rooted in America and U.K. as the representative of adversary system. It is also an important system of criminal procedure. As the system of criminal trial in China is being changed increasingly, discovery has become a choke point which our criminal trial faced, and disturbed the realization of fair and efficiency of litigation. Therefore, this article explores the discovery system of criminal procedure and is to benefit legislation and practice.This article consists of six parts, which are about 30,000 words.The preface of this article is mainly concerned with the definition of criminal discovery. It points that the criminal discovery is to notion evidence information between prosecution and defense who holds the evidence materials, through some rules, orders or appropriate modes, before the beginning of criminal sessions. That is to say in the criminal trails, as a way of evidence collection, criminal discovery is the information exchange between prosecution and defense. Because of the insufficiency theory and the immature legislation skills in our country, there are no corresponding provisions, which make a loose connection in some rules between the adjudgement and the prosecution program. So, to perfect the rule of evidence discovery has become an urgent problem to be solved. The nuclear viewpoint of this article is the developmentdirection of criminal discovery system and how to make it when we use for reference about other countries.The first chapter of this article makes an introduction the definition and the produce the background of criminal discovery. The article points out the development direction of criminal discovery system, taking America as the emphasis.The second chapter of this article analysis the value of the criminal discovery system from fair, the efficiency and order three aspects. Affirming the criminal discovery system in the aspects of guaranteeing the litigation fairly, raising the litigation efficiency and promoting the litigation order all Performance criminal procedure 's values.The third chapter of this article explores the limitation of discovery in our country from both legislation and The judicatory practice.The fourth chapter of this article explores the criminal discovery system's improvement in China criminal procedure. It puts forward the specific propositions of improvement. It's the emphasis of this article. In the article, first, it points out the principles that should be grasped. Second, this article analyses the confine of China's criminal discovery system. Third, it expatiates the formality. The formality consists of the main bodies, time, where, how and the sanctions provision etc, about China's criminal discovery system.The end of this article is an example about the certain placesucceeding to make experiment of the criminal discovery, pointing out that we should constitute our criminal discovery according to other advanced countries.