On Evidence In Criminal Establishment Of Discovery System

Discovery system of criminal procedure highly exists in common law system and civil law system. It is being developed and improved constantly to realize its procedural value in judicial justice and efficiency. The revised China's Criminal Procedure Law in 1996 introduced adversary trial pattern, but did not establish a real matching discovery system, resulting the imbalance between the prosecuting party and the defending party and limiting the exertion of adversary system's function. Especially after the revised China's Lawyer Law is implemented, the regulations on criminal discovery have great differences from the present Criminal Procedure Law. At the time that Criminal Procedure Law is going to be revised again, it is of great importance to discuss how to construct China's criminal discovery system.The paper consists of five chapters. On the basis of discussing criminal discovery system's conception, origin and development, value, and general situation of foreign countries, the paper starts from defects of China's criminal discovery and the necessity and feasibility of improvement to propose how to set up China's criminal discovery system.The first chapter is The Summary of Criminal Discovery System. This chapter first describes the conception and features of criminal discovery system. Next it introduces criminal discovery system's origin and development in common law system, civil law system, and blended law system. Then it analyzes the value and theory of criminal discovery system. All is to prepare for constructing China's criminal discovery system.The second chapter is Criminal Discovery System in Foreign Countries and its Comparative Analysis. From the aspects of criminal discovery's mode, range, time, place, judicial review, and illegal sanction, it discusses the typical criminal discovery system in Britain, America, and Japan. Meanwhile, it comparatively analyzes the commonness and differences of the three countries' system to provide beneficial suggestions to China's criminal discovery system.The third chapter is The Analysis of China's Present Criminal Discovery. It first describes the regulations on criminal discovery in China's Criminal Procedure Law before and after revised, and in revised China's Lawyer Law, pointing out the defects of present legislation. Then from the "Yang Jia Case", it explains the loss of criminal discovery in judicial practice and the urgency to establish it.The fourth chapter is The Necessity and Feasibility of Constructing China's Criminal Discovery System. It discusses the necessity from five aspects, with an emphasis on the implementation of the revised China's Lawyer Law. Facing the disputes on criminal discovery system, it refutes them as reasons not to proceed discovery. It also analyzes the feasibility from China's theory accumulation, present legislation, judicial practice, and the needs of the prosecuting party, the defending party and the court.The fifth chapter is Construction of China's Criminal Discovery System. On the basis of previous paper, this chapter constructs China's criminal discovery system from principles, subjects, range, procedure(including mode, time, and place), effect, illegal sanction, and the function of court.