On Criminal Evidence Discovery In The Legislative Perfection

Currently,with the deepening of criminal procedure reform in China, more and more people concern the issue on perfecting and emending evidence discovery system. Additionally, quite a number of them put such following matters as discovery system's improvement and amendment and the establishment of the pattern of oppositional lawsuit, the realization of fair and efficiency of judicatory reform in the same stature. Hence, studying this issue in-depth becomes of great importance.Evidence discovery system is a significant procedure and mechanism before the beginning of criminal sessions in oppositional suit pattern. As a way of evidence collection, evidence discovery system is the information exchange between prosecution and defense before the beginning of criminal sessions, and it arises and develops within a given context. Firstly, the article theoretically makes an introduction to the evidence discovery system from such aspects as definition, clssification, and history evaluation and development and its value function, moreover, the author takes the United States, the Great Britain and Japan as an example to review and value the mainland law system and Anglo-american law system's syetem of evidence discovery of criminal procedure. Secondly, the article analyzes actual legislation condition and existed limitations from actual and trial regulations and discusses the necessity of improving system of criminal evidence discovery. Lastly, the article advances some opinions about perfectiong criminal evidence discovery system from basic priciple, concrete system devise and problems needed resolved overall thought and concrete system devise, the author expresses his opinions on perfecting evidence discovery system disclosure of evidence of criminal procedure with the characteristic of China.In a word, the advantages to constitute and improve evidence discovery system of criminal procedure surpass its disadvantages, and equally it is the development direction of evidence discovery system. Yet, the author also gives a brief account of his main views on opposing constituting this system in postscript.