On Defense Evidence Disclosure Obligations

China’s Criminal Procedure Law had a wide range of changes in1996.It introduced the adversarialsystem of trial mode. Article36of the1996Criminal Procedure Law provides for the right to thedefender marking to prevent a mere formality parties adversarial mode. It means that the defense lawyerfrom the People’s Procuratorate for examination before prosecution of the case, can consult, extract andcopy the proceedings in the case instruments, technical verification material. Other defenders, withpermission of the People’s Procuratorate, access, extract and copy the material.2012CriminalProcedure Law to modify not only expanded the scope of the defender marking is not limited to thelitigation documents, technical verification material ", but" the case of archival materials, and newdebate the direction of the prosecution disclosure provisions of the evidence that the newthe provisionsof Article40of the Code of criminal Procedure "the defender collected about the suspect is not in thescene of the crime, has not reached the age of criminal responsibility is in accordance with the law is notcriminally responsible for mental patients evidence, shall notify the public security organs, people’sProcuratorate." In this paper,the provisions of the characteristics and problems of analysis, afterDisclosure obligations of the defense evidence from both vertical and horizontal aspects of the analysisand study, on the basis of the grasp of the defense evidence discovery system of universal law,combined with our experience in judicial practice,Building the evidence discovery system suitable forChina’s national conditions. Of writing this article is divided into six parts.Part I: Overview of China’s defense evidence discovery obligations. This section describes thegeneration process and the reasons for China’s defense evidence discovery obligations, a longitudinalanalysis of Disclosure obligations brief introduction to China’s defense evidence.Part II: Characteristics of evidence of the defense obligation. Expounded China’s defense EvidenceDiscovery System with the evidence discovery system defense evidence discovery system differentfrom the five aspects of the institutional background, values, prosecution and defense relations, theapplicable range of cases and results, through horizontal comparison, highlighting the China’s defenseevidence show the characteristics of the obligations.Part III: The defects of China’s defense Evidence Discovery System. The discovery mainly fromChina’s defense limited range of evidence and the lack of procedural requirements aspects of defenseevidence discovery system defects. And safeguard the procedural justice, the efficiency of theproceedings, the International Criminal Evidence Discovery system development trend of three aspectsof China’s defense Evidence Discovery system necessity.Part IV: Visits of foreign law. That part of the current evidence shows more perfect systemdevelopment, defense evidence discovery system to develop more mature United Kingdom, UnitedStates, Japan introduced to provide a reference for the perfection of the defense Evidence DiscoverySystem.Part V: Construction of the defense evidence discovery system. Discovery system principle, fromthe defense evidence in Procedure, legal protection and other support mechanisms to build and improveour defense evidence discovery system proposed ideas.Part VI: A brief summary of the views expressed in this paper.