Study On Criminal Evidence Disclosure System In China

As a method of collecting evidence,criminal evidence disclosure is of great significance to prevent the evidence surprise and litigation delay,and to safeguard the equal confrontation between the prosecutor and the defender.Although new criminal procedure law in 2012 stipulates criminal evidence disclosure system,there are a lot of problems,which need to be improved.First,the lack of basic principles.Both the common law system and the continental law system countries generally stipulate or embody the principle of two-way discovery of criminal evidence discovery,the principle of judicial review,etc.In contrast,Chinese criminal procedure law and relevant judicial interpretation provisions in addition to a few articles reflect the individual principles of criminal evidence disclosure,the lack of complete basic principles of criminal evidence disclosure requirements.In the process of perfecting criminal evidence discovery system,we should adhere to basic principles mentioned above.Secondly,the program setting is not clear,the scope of criminal disclosure,the main body,time,place,etc.is not clear.In the United States and other countries,criminal evidence disclosure system has a complete system.Our country should draw lessons from the beneficial experience,and we should establish a clear system of criminal evidence disclosure system,to avoid the adverse effects of fuzzy rules.Finally,the relevant relief mechanisms and sanctions are not complete.Existing law has a number of supporting measures,but still can not meet the requirements of judicial practice,it will affect the effectiveness of evidence disclosure.Therefore,it is necessary to establish and perfect the pre-trial judge system,witness protection system and other supporting measures to ensure the effective operation of the criminal evidence discovery system.