Study On The Improvement About The Pretrial Discovery Of Evidence In The Criminal Prosecution

In2012,the new criminal law formally established the pretrial discovery of evidence, and this also indicates that the improvement about the pretrial discovery of evidence will become the hot topic in theoretical and practical circles. Therefore, this paper focuses on the basic conditions of improvement the pretrial discovery of evidence and the implementation way in our country. In order to promote t the pretrial discovery of evidence actively involved in judicial practice, play the role, and make contribution to promoting our country criminal judicial reform.This paper adopts comparative research method, through the study of the pretrial discovery of evidence abroad, summarizes their similarities and differences, and then analyzes the inspiration and reference to china.In this paper, the structure is divided into introduction, body and conclusion. The introduction part of this paper describes the creation background, summarizes the significance of improvement the pretrial discovery of evidence, and the trial of China’s conditions and the basic direction. The body part consists of four chapters.The first chapter is the basic interpretation of the pretrial conference and the evidence discovery, for improvement the pretrial discovery of evidence to provide basic theoretical guidance and clarify the legislative basis. The first section introduces the pretrial conference and evidence discovery. By meaning of the views of scholars, we sum up the basic concept of the pretrial conference and the evidence discovery. The second sections introduce the function of the pretrial discovery of evidence. The pretrial discovery of evidence can realize judicial fairness and justice, promote the positive significance of the trial, and protect the legitimate rights of the defense. The third section introduces the rule of the pretrial discovery of evidence.The second chapter analysis the necessity and feasibility improved the pretrial discovery of evidence in China. The pretrial discovery of evidence should accept the test of practice. The pretrial discovery of evidence contributes to the implementation model of adversarial and China. The pretrial discovery of evidence can enhance competence evaluation system of the racing together bridle to bridle. Chinese scholars study on the pretrial conference and the evidence discovery theory in the earlier. The evidence discovery system has been widely used in our country. The legislation of foreign law and practice experience provides a good reference for the perfection of the pretrial discovery of evidence in our country.The third chapter focuses on the evidence discovery methods, scope and means of judicial relief of foreign law and practice experience.The fourth chapter improves the pretrial discovery of evidence, including the start-up of the pretrial discovery of evidence, participants, responsibility, discovery range and means of judicial relief.