Japan Criminal Evidence Discovery System

In 2004,the criminal procedure law of Japan had been amended most extensively since the world warⅡ.Though there're so many articles recommended this amendment,most of those articles only introduced the content of this amendment,didn't research any part of this amendment profoundly.In this article,we'll research the innovation of evidence discovery in this amendment.The author think that the criminal procedure of China like the criminal procedure of Japan,which is absorbed the factors of adversary system based on the traditional exofficio litigation system.To research the innovation of evidence discovery of Japan,we could not only know about direction of the innovation of Japanese criminal procedure law, but also learned much to construct our own system of evidence discovery.This article is divided into four parts,except the part of foreword.In the first part,the author introduced the theory of evidence discovery in Japan.In the second part,the author introduced the history of evidence discovery in Japan,and list the terms of the criminal procedure law and the criminal procedure regulations of Japan before and aider this amendment, and also introduced the project of evidence discovery innovation proposed by lawyers.In the third part,the author analysed the Japanese evidence discovery system.The author detailedly analysed every parts of the evidence discovery system,such as the burden,extension,period,kind,effects of disobey,on base of the theory,practice,innovation and terms.In the fourth part,the author bring forward some advices of our own evidence discovery system,such as define the burden,expand the kinds and extension,standardize the procedure,ensure the effects of disobey,and prescribe the procurator's obligation of apprising the reason of non-discovery.