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Evidence In Criminal Proceedings. Discovery System

Posted on:2007-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:L HeFull Text:PDF
GTID:2206360185971377Subject:Law
Abstract/Summary:PDF Full Text Request
In 1996, through amending China's Criminal Procedure Law , our country's original authoritarianism proceeding system has started to changed into adversary suit system, namely, not complete adversary system. It has two points: on the one hand, to avoid prejudgment before the trial, the prosecutor revises the mechanism of transferring files from the whole to "only main evidence and its copies". Meanwhile, original consulting mechanism is still remained, which makes the defending party know little about the evidence and obstacles right of defense, which influences the realization of defendant's human rights. Accordingly, under the unilateral consulting mechanism, the prosecutor has no legal ways to obtain the adversary's evidence and information from the defending party before the court's trial, which also makes the prosecutor to transfer willingly the range of main evidence become very narrow. Thus, both sides are nearly in the situation of not knowing each other, which often causes the phenomenon of "the evidence attacked suddenly" and "ambushing trial" in the court. Because of lacking enough pertinence proof, it makes the both sides' charges and refutes lack substantive meaning. The court usually has difficulties to know the truth of the case so that it can't continue the trial and judge the case, and then double values of fairness and efficiency can not be realized. Just in this background, there are a series of urgent questions such as Evidence Disclosure System or not, how to introduce Evidence Disclosure System, and how to make it match with other relative systems in our country and so on.This article is divided into five parts, besides that part of the foreword, about 40,000 words in sum. In the first part, writer introduces the conception and evolves of the theory of Evidence Disclosure System, and presents that the Evidence Disclosure system is the product of adversary system in the certain developing stage. Since the 20th century, under the principle of safeguarding accused person's human rights, the reasonable notion of substantive fair gradually occupies the dominant position in the adversary system lawsuit, and correspondingly evidence disclosure in the criminal prosecution presents four developing tendencies, namely: the scope of prosecutor disclosing evidence expanding unceasingly; the duty of the defending party disclosing evidence in certain scope obtaining the universal affirmation; the judicial relief of evidence disclosure strengthening gradually; the court gradually becomes an indispensable side in the evidence disclosure system in the common law system country.
Keywords/Search Tags:criminal procedure, disclosure of evidence, procuratorial accusation, defense
PDF Full Text Request
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