Study On The Evidence Discovery In The Pretrial Conference In China

In recent years,in the context of the "judicially-centered" litigation system reform,many Chinese legal documents have stipulated the system of evidence discovery in pre-trial conferences.The criminal evidence discovery in the pre-trial conference is a preliminary preparatory activity for both the prosecution and the defense to discovery the evidence pertaining to the facts of the case to the other party under the auspices of the judge before the trial.It has very important significance for achieving balance of prosecution and defense,improving the quality of prosecution and defense,increasing the efficiency of litigation and guaranteeing litigation faimess.There are similarities between the institutional purpose of the evidence discovery in pre-trial conferences and the right of review by the lawyer,but there are differences in the aspects,institutional background,and specific operations of the system.The two-way discovery of the evidence discovery in pre-trial conferences can effectively suppress the "evidence raid" of the defense.This is a lack of the system of lawyers' right to review the direction of the defense.Nevertheless,emphasizing the demonstration of the evidence discovery in pre-trial conferences is not a substitute for a lawyer's right to review the system.Instead,it should adopt a combination of the two to better protect the equality of the prosecution and defense and to ensure the court's centralized trial.In terms of legislation,China has stipulated the system of evidence discovery in pre-trial conferences in the "Criminal Procedure Law" and related legal documents,including the scope of application of the evidence before the court meeting,the time,location,and personnel of the evidence discovery,The range of evidence that should be displayed,the procedures for demonstrating the evidence,the remedy measures,and the purpose for which the evidence is displayed.Despite this,these regulations have not yet formed a complete system of systems and lack of operability.In terms of the administration of justice,China has carried out a series of practical explorations of the evidence before the criminal pretrial conference since the amendment of the "Criminal Procedure Law" in 1996.Typical models include the relevant practices of the People's Court of Shouguang City,Shandong Province and the Gaoxin district in Chengdu,Sichuan Province.Grassroots people's court related practice.These practices all prove the significance of evidence presented in the pre-trial conference,but there are also obvious deficiencies.At present,there are many problems in the evidence discovery in China's criminal pre-trial conferences,including the lack of clear legislation,inconsistent judicial practice,low criminal defense rates,threats that witnesses may face,and poor system convergence.The reason for these problems lies in the fact that the parties to the lawsuit have many concerns about the system and the supporting systems are not perfect.On this basis,it is necessary for China to improve the evidence presentation of the pre-trial conference from the perspective of legislation,including clear evidence showing the participants,determining the scope of evidence discovery,improving remedial measures and sanctions,and detailing evidence discovery procedures.In addition,consideration should be given to improving the relevant supporting systems and clarifying the link between evidence presentation and other contents of the pre-trial conference,mainly in connection with the exclusion of illegal evidence.