System Of Criminal Evidence

The criminal evidence discovery system is a basic litigation system in criminal litigation of common law. It is rooted in the criminal judicial practice of common law, a complete procedure to ensure its effective operation, and has a very important value to ensure judicial justice and improve litigation efficiency. In recent years, along with the fusion and learn from each other of the two legal systems, the theory circle of our country and the practice of this system have been made more mature analysis and recognition. What’s more, with the revision of the new criminal procedural law, this system is finally a formal written into the legislation of our country. In view of this, this paper will take the theory and value of criminal evidence discovery system as the basis, and take extraterritorial evidence disclosure system for reference, then take the new criminal procedure law change as an opportunity to talk about the current situation and problems of the discovery of evidence system in our country,in order to provide an antidote against the disease countermeasures. This paper clarified the concept of evidence discovery system and its relationship with the lawyer marking system, then discusses the theoretical basis and value connotation of it. Secondly, this article introduces the characteristics and laws of evidence discovery system and lawyer marking system in the United States, Japan, Britain, Germany, and carries out a comparative study on the above several national evidence discovery systems. In the construction of China’s criminal discovery system, the paper based on the revised criminal procedure law in1996, the law of layer in2007and the new criminal procedure law as the main line, then respectively points out the existing problems of China’s system of evidence discovery. Finally, based on our country’s judicial practice experience, also from the extraterritorial models and the theory of scholars in our country, proposed building a "three stage" evidence discovery system, and last puts forward some suggestions of the relevant provisions on how to further refinement and the establishment of supporting system.