The Criminal Evidence Discovery System Research

Criminal litigation evidence open system through the design of the "mutual benefit", make the defense lawyer before the trial can be learned that the accused have the evidence material, also can obtain the defendants accused the evidence collected materials, before the court for each other by the prosecuting and defending parties of evidence in order to better be well prepared for the case, avoid the evidence "raid" phenomenon. Criminal litigation evidence open system is rooted in the judicial practice of Anglo-American law system, its operation with more complete application of protection, with the reference of the continental law system and Anglo-American law system and the fusion, the judgment of the system embodied the value of justice and litigation efficiency is gaining recognition. With the further development of China’s criminal lawsuit system reform, discovery system become a problem worthy of attention in criminal lawsuit. This paper combing the basic theory of criminal litigation evidence open system, and then comparative analysis outside the country and the area of criminal litigation evidence open system, as well as our country legislation process and the evaluation of the system, finally to improve the open system of criminal litigation evidence in some of his own ideas.The first part, the basic theory of criminal litigation evidence open system. Mainly summarized the connotation, characteristic and criminal litigation evidence open system of history and legal analysis, function analysis. The connotation of criminal evidence open system should from the open time, subjects, methods, scope, specific definition:in the process of criminal proceedings, automatically or at the request of the other party, the prosecuting and defending parties will be relevant to the case of evidence, material and information provided to the other party, in certain circumstances, the third direction accused both sides provide evidence relevant to the case, the material, information, etc. From the point of legal procedure itself, its the principle of fair, fair and reasonable compared with the entity result has its independent value, when the value destruction, are difficult to secure the substantive rights of the litigant, and could be treated unfairly. It is because of this, criminal procedure justice requires judicial organs staff when exercising its powers, it shall comply with the statutory procedures for judicial activity, through legal procedures, find the case facts, to punish crime and attaches great importance to the fundamental rights of the defendant in the equally important position. Criminal litigation discovery is one of the most important aspects of the procedure, only guarantee the normal procedure, and can truly reflect the entity justice.The second part, the analysis of extraterritorial criminal lawsuit evidence open system. Main contrast analysis of Anglo-American law system in British and American criminal litigation evidence open system and evaluation, and comparative analysis of the civil law of France and Germany criminal litigation evidence open system and evaluation, to Italy, Japan, at the same time the state the system model, at last, by analysing the countries outside the criminal litigation evidence open system advantages, obtain revelation. Countries explicitly stipulated in the law the obligation of discovery, the prosecuting and defending parties saw the accusers and defendants in collecting evidence on the ability of the gap can maintain basic balance of the defendant, as much as possible for this to tilt to the defendants, the equality of the prosecuting and defending parties in real material against, even if the prosecuting and defending parties in the conflict, the court play the role of the center of the referee. National criminal lawsuit evidence open system, a large level safeguard the criminal suspect (defendant) program to a fair trial mechanism, outside the relatively perfect system and rich in the judicial practice can provide a reference for our country to build criminal evidence open system.The third part, the legislation of criminal litigation evidence open system in China and its evaluation. Mainly summarize the present situation of the development of China’s criminal litigation evidence open system, analysis the characteristics and advantages of the system development in our country, and the deficiencies. From "criminal procedure law (amendment)" in 2012, our country is not truly established criminal litigation evidence open system, from XingSu litigation pretrial preparation procedure, defense system, trial, the distributed application, to find the criminal litigation evidence exhibiting system in the system of the related content, this is not completely realize the lawsuit value of criminal litigation evidence open system. The prosecuting and defending parties in the current legislative situation makes have the evidence to the other party is sceptical attitude, the attitude of doubt, this is the case, because of the lack of a complete and comprehensive evidence material, it is difficult to fully the prosecuting and defending parties before the court. In addition, in the new "criminal procedural law" of the penalties for violating a discovery does not have a clear to the rules, then to appear in the trial of the prosecuting and defending parties "raid" evidence is likely to be only a moral condemnation. Before the trial, is not to open the prosecuting and defending parties in their mastery of the evidence, the judge can only on the basis of the evidence "raid" continue to trial or may adjourn the decision, but not to exclude evidence of "raid" lose its authentic, nor on a party in violation of the discovery of the corresponding legal punishment.The fourth part, to perfect our criminal lawsuit evidence open system of train of thought.Mainly aimed at shall enjoy the right of discovery XingSu litigation participants, discovery scope and procedures detailed specification, and clear violation of legal consequences of criminal litigation discovery proceedings, finally builds the system of auxiliary system.