China Open Evidence Construction Of The System

The system about discovery of evidence, which is a very important conception of litigant, has been taken more and more attentions by our (Chinese) academe, law and legislature. In recent years, aiming at the situation which criminal cases is increasing however the judger is not enough, the Supreme Court attempted to constitute the system about discovery of evidence. Through it, the Supreme Court wanted to economize justice resources, incarnate justice justness, improve justice efficiency. I will take some discussion in intension of the system about discovery of evidence, the status quo and the developing direction of this system in some country. It is necessary to establish the system in our country, so that I will explore the value tropism of this system. At last, I discuss how to constitute the system about discovery of evidence that adapt to the situation of China.There are three parts in the dissertation.Firstly, I explore the intension of the system, introduce the status quo and its developing direction of the system in the United States, the United Kingdom and Japan.Secondly, I review the actual law of our country, the advantage and disadvantage of the prosecution, the defense, the justice. Then I analyze the abuse of our criminal litigate system, point out the value tropism of our system about discovery of evidence.Thirdly, from the principles of the system about discovery of evidence, I expatiate the main body of discovery, time, site, range, procedure and punishment provision, which should be constituted in our country.