Explore The Legal Consequences Of Violation Of Evidence Discovery Obligations

Discovery, which has a long history of development, is the bridge connecting pre-trial procedures and judicial procedure. Though "evidence discovery" exists in Civil law and Common law and both are partly the same, the stipulation" about violating the "evidence discovery" is completely different. During the time revising the Law of Criminal Suit in China, this article will expound the responsibilities of the criminal evidence discovery in some countries to establish it in our own country.There are four parts in this thesis, which is about 30,000 words.In the first part, the writer firstly defines some basic words of this thesis, such as discovery, the responsibilities of discovery system. Then the writer concludes the history of the system, in order to guarantee the trial running properly, the prosecutor and the defense in a criminal case must discovery evidence information to each other in pretrial. Most countries have set up discovery system, and the responsibilities of discovery becomes more and more complex and perfect. Although there are some provisions about discovery evidence information between the two parts, there is nothing about responsibilities of the discovery. Indeed, there is no real discovery system in our country.In the second part, the writer makes an introduction and analysis of the responsibilities of discovery,system, taking American,and England as the representative of adversary system, taking Japan as the representative of mixed action system, taking France and Germany as the representative of inquisitorial system, taking Hong Kong and Taiwan province as the representative of China.In the third part, the writer analysis the current situation about our county. Then points out that in order to keep the balance between the two parts and ensure the equity and fair, a real discovery system and responsibility system must be set up.In the fourth part, the writer puts forward her own specific propositions about how to set up an responsibility system of discovery in our county, this is the trunk of the whole thesis. First,the writer points out the precondition of the law resullt which disobey discovery responsibility in China. Second, the writer denotes the law result of the accuser when they disobey discovery responsibility. Third, the writer denotes the law result of the defender when they disobey discovery responsibility. Finally, the writer hopes to accomplish the relative measures of the law resullt which disobey discovery responsibility in China.