The Research On Discovery

Discovery is originated from Anglo-American law system in lawsuit pattern,pure antagonism for moderately reduce litigation, get rid of the "a" the complaint is caused by the judicial referee to the athletics, formalism generalization to entities in disregard of a real legal process. Traditional views hold of criminal evidence open system is suitable for the socialist legal mode and hybrid litigation mode, the functions and powers doctrine lawsuit mode of country its not living space. In this paper, the position is different from the majority, opposed to the traditional criminal lawsuit evidence open system in continental legal system(against the adoption of "entire case transferred doctrine") national survival soil point of view, and also don't agree with that no criminal litigation evidence open system of rhetoric in China, was dismissed in 2012 points before carrying out without the program, 2012 years after the law, only to think of this program, can't call system have constructed), as a minority, the traditional way the system is expounded. According to the article lawyer marking the traditional civil law system and Anglo-American all discovery system in addition to the differences of appellation, there is no difference in nature, the difference is that lawyers marking system is a kind of one-way discovery, said the discovery of two-way open today. The author from the introduction and overview,scope of investigation, domestic discovery, and how to perfect the domestic discovery several parts to illustrate ideas and argument. Hope this will help in theory and practice of law.