On The Criminal Evidence Discovery System Construction

Discovery of evidence is a concept rooted in America and U.K.as the representative of adversary system,it is an important system of criminal procedure.which is widely concerned on by the academia , judicial circle and legislature of our country .As the system of criminal trial in our contry 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 is divided into four parts, ahout more than 30,000 words.First part of this article On the basis of differentiating and analyse of the concept of discovery, make the value foundation and function of dicovery to analyse and research on the evidence.Second part of this article Probe into the necessity which set up the system of discovery of evidence in our country. It points out the defect which the system of discovery in our country contains and indicates the purport of founding discovery in our country. The third part of this article explores the criminal evidence to the countries, such as Britain, U.S.A. , Italy and Japan ,etc. analyses the development direction of criminal discovery system.The fourth part of this article make the system of discovery which sets up in our country .In this article, first, it points out the principles that should be held.second,this article analyses the confine of China's criminal discovery system.third it explores the procedure of discovery.last, according to the concrete conditions of criminal suit of our country , draw lessons from the foreign method, points out that our country sets up to violating and making the sanction measure which shows the obligation.