The Improvement Of Evidence Demonstration System Before Criminal Court In China

The criminal procedure law of China did not stipulate the obligation to demonstrate evidence before court in 1996,and the phenomenon of "evidence raid" occurred frequently.Both parties in the trial,deliberately retained the evidence,the use of "evidence attack" approach,the other the lack of preparation,rush to meet the challenge,in order to achieve the "surprise" effect.It violates the original intention of procedural justice and distorts the basic purpose of criminal procedure.In 2012,China's "Criminal Procedure Law" revised increase of criminal pretrial evidence showing the relevant provisions to protect the procedural justice,balance of both sides disparity is too large to collect evidence,to some extent with the criminal pretrial display system prototype,but to form a complete system,the system is still to be to further improve the.To perfect the evidence display system before the criminal court in China is of practical significance to the judicial reform taking "trial as the center".First of all,through both sides show each other in evidence before the trial,to solve the information exchanges between the two sides in the dispute focus of obstacles,more clearly,the two sides are ready for trial is more targeted,enhances the court confrontational.Secondly,it solves the problem of difficult marking of lawyers,guarantees the defendant's right of defense and,to a certain extent,balances the defendant's relatively weak litigation ability.Finally,the two sides clear the focus of the proceedings,weakening the powers of the judge's behavior,to avoid proof of surprise,improve judicial efficiency,reduce the number of sessions.Overall,the perfection of the criminal pretrial evidence demonstration system has important significance to our country's judicial reform,for the implementation of the provisions of the criminal procedure law litigation task,the task of the trial,procedural safeguard,provide a positive role.Perfecting the criminal pretrial evidence demonstration system of the existing evidence showing the provisions of refinement,at present,only about pretrial display system provisions of China's "Criminal Procedure Law" provisions,the lack of specific provisions in principle,the details of the provisions on the evidence display system is not clear.Not only that,criminal procedure has a strict procedure system,therefore,should fully consider China's criminal evidence demonstration system perfect strategy,in line with the other system to make it in accordance with the criminal procedure law of our country under the condition of maximum play a role.On the perfection of criminal pretrial evidence display system at the same time,should consider the establishment of supporting systems,including but not limited to pre-trial judge system,public defender system,witness protection system,and further improve the pretrial conference system.