On The Perfection Of The System Of Opening Evidence Before Court In Criminal Procedure In China

China’s criminal procedure legislation has established the relevant contents of pretrial meeting procedure and evidence disclosure through revision,which is an important milestone for China’ s criminal procedure law to improve the efficiency of litigation and the development of national law to protect human rights.However,due to the lack of theoretical support and practical experience,the pretrial proceedings and evidence disclosure have just been established for a short time,which leads to the fai lure of the mechanism,mainly reflected in the lack of legal effect of the pretrial meetings,confusion of the evidence disclosure system and so on.In recent years,China is carrying out judicial reform with trial as the center,and the litigation system puts forward stricter requirements for the criminal pretrial meeting procedure and the evidence disclosure system.Therefore,how to develop and make up for the lack of criminal pretrial meeting procedure and evidence disclosure and how to skillfully integrate the two procedures has become a very important topic.For this reason,as a neighboring country,South Korea has introduced the system of pretrial meeting and evidence disclosure earlier.Although it has not reached the level of proficiency,compared with China,China still has a lot to learn from.So the author studies the system of pretrial meeting and evidence disclosure in South Korea,and compares the procedures of pretrial meeting and evidence disclosure between China and South Korea,and then aims at China The main contents of this paper are to improve the legal effect of the pretrial meeting procedure,to protect the rights of the defendant and the witness,to clarify the way of evidence disclosure in the pretrial meeting procedure,to determine the scope of display of the prosecution and the defense,and to establish the sanctions mechanism for violating the obligation of evidence disclosure.This paper is divided into four parts to study.The first part systematically combs the basic theory of criminal pretrial evidence disclosure system,including the concept,function,value of pretrial meeting and evidence disclosure system,and the relationship between pretrial meeting and evidence disclosure system.In the second part,the author expounds the current situation of legislation,judicial environment and the problems existing in the system of the beginning of criminal evidence in China.The third part introduces the concept and future development trend of the criminal pretrial evidence disclosure system in South Korea,and gets some enlightenment,which lays the foundation for the fourth part to put forward suggestions for legal improvement.In the fourth part,based on the development trend of Korean related system,some suggestions are put forward for the criminal pretrial evidence disclosure system in China.