Criminal Evidence Discovery System Of The Chinese Localization

In 1996 the revised "Code of Criminal Procedure," the criminal proceedings conducted a comprehensive reform of the system, the introduction of the adversarial trial system, the absorption of the common law adversary system against the basic spirit and achieve a controlled trial separation, highlighting the control debate confrontation. And with this discovery system supporting it in the "Code of Criminal Procedure" in the absence of regulations.Although the "Code of Criminal Procedure" in the establishment of a number of provisions similar to discovery, but the evidence against the system mode far cry from the discovery system, discovery, in the form of the system is not established in our country, and as a constraint to our judicial reform faces a bottleneck hindering the reform of the criminal proceedings.Therefore, this article on the Establishment of criminal discovery system to think, from the discovery system in the origin, development will analyze the current Criminal Evidence Discovery System Pretrial status and problems of experimental work, to conduct a feasibility study model and proposed supporting reform measures proposed to consult on the colleagues.This article is divided into four parts. The first part of the foreign criminal discovery system. Discovery System of the evidence to the interpretation of the meaning and description.The paper noted that the discovery system originated in the common law, its content is the master of the prosecution and defense evidence before the court hearing or order in accordance with certain rules the way through the appropriate party on the evidence of the material before it knows the other side system. Evidence also the system through the establishment of origin and the significance of discovery of the system, demonstration mode in the adversarial system to establish the need for discovery system. Then, we argue several major countries of foreign criminal discovery and development trend of the system.Through the UK, USA, Italy, Japan discovery system analysis and observation of trends, for the following analysis of why the introduction of criminal discovery system and how to build the system provides a reference basis. The second part is to analyze why the introduction of criminal discovery system. This section first analyzes the status of discovery, demonstration of the existing provisions of law and lack of judicial interpretation. Results down the analysis to establish criminal discovery of the significance of the system, which demonstrates the necessity of establishing the system. Finally, in this part of the judicial practice and by the analysis of experimental work, demonstrated in our system of criminal discovery established the feasibility, pilot work demonstrated also exposed the problems, Restricting the establishment of the proposed system problems, through analysis of the problem, for the following establishment of the system in our country provide the basis for the concept and solutions. The third part is to establish criminal discovery of the concept of the system is a key part of this article.The second part of the problem on the response, and further demonstrates the feasibility of establishing this system, and specifically on the principles of Evidence Discovery System, the pattern discovery, the scope of discovery, discovery time, the number of discovery, Discovery of the subject, after the discovery and how to establish the legal effect of the protection mechanism of the system concept and demonstration of the system, I demonstrated in detail in the idea of establishing this system. The fourth part is for the discovery system proposed should be established with the support of the recommendation system, security system was established after the discovery of successful implementation.