On The System Of Criminal Evidence Display In China

Evidence is at the heart of the case.As an important system of legal proceedings,the system of opening of criminal evidence plays a key role in safeguarding the legitimate rights and interests of criminal suspects and defendants and ensuring the smooth progress of the trial.The system of opening criminal evidence has also become the focus of the judicial system reform in various countries.For the first time since China amended the Criminal Procedure Law in 2012,it has stipulated the obligation of the defence side to open evidence,strengthened the defence right,especially the defence counsel,in criminal proceedings,and provided a guarantee for the establishment of the system of evidence display.From the guidance of legal provisions,our country is realizing the goal of two-way opening of evidence.In view of this,by expounding the basic connotation and theory of the system of criminal evidence display,exploring the origin and development of the system,combining the relevant contents of the evidence opening system under the mode of party-based litigation,and drawing on the system operation of the civil law system,this paper further explores the problems existing in the operation of the theory and judicial practice of the criminal evidence system in our country.and put forward the corresponding suggestions and safeguard measures from the aspects of the evidence,the subject,scope and procedure.The article is divided into four parts:The first part,the concept of criminal evidence,and analysis of its characteristics,the origin of the system and its development process,according to the different classification criteria to elaborate its specific classification.The second part,by expounding the theory of equal armed forces,discovering the real theory,litigation efficiency,direct speech principle,effective defense principle and so on,lays the theoretical foundation of the criminal evidence system.The third part,through the common law system,civil law system and mixed litigation model of the country's system comparative analysis,from which the analysis of China's criminal evidence system.The fourth part analyzes the current legislative and judicial status of china's criminal evidence display system,and puts forward from the necessity and feasibility that our country formulates a perfect system of criminal evidence.The fifth part puts forward the path of constructing the system of criminal evidence disclosure in our country,and perfects the subject,scope,specific procedure,sanctions and supporting measures from the aspects of the evidence display.