| In terrorist crimes,in order to guarantee basic national security,reasonable restrictions on the rights of the defense are necessary,but they may undermine the prosecution’s right to a fair trial.The disclosure of evidence in terrorist crime cases is different from general criminal cases,for that public interests are often involved.Therefore,the relevant requirements for disclosure of evidence should be clarified to ensure a fair trial.There is not much research on counter-terrorism procedures in China,but foreign countries have more mature studies on special procedures and evidence requirements for counter-terrorism.In the future,China’s counter-terrorism measures must be based on its own national conditions,exploring the appropriate counter-terrorism model and finding a balance between punishing crimes and protecting human rights.The first part of the article provides an overview of the evidence discovery system,and provides the basic theory and background for the later parts.The evidence discovery system originated from the civil law in the common law countries,and then introduced to the criminal law.Therefore,this part first introduces the emergence,development and significance of the evidence discovery system in the common law system,and then introduces the basic content of the evidence discovery system,including the scope,subject,method and procedural safeguards of evidence discovery.The second part of the article mainly discusses the particularity of the evidence discovery system in terrorist crime cases,which specifically includes the particularity of terrorist crimes,the scope of evidence,and procedures.Based on the particularity of terrorist crimes,punishing crimes is justified,but protecting human rights is also very necessary.The particularity of the scope of evidence revolves secret evidence and intelligence evidence,and the particularity of the discovery process is reflected in the necessity of establishing special counter-terrorism proceedings to guarantee a fair trial.The third part of the article gives a basic introduction of special procedures surrounding the evidence discovery system in terrorism crimes by foreign countries and further analysis.The UK’s Close Material Procedure and the Special Lawyer system are conducive to ensuring equality of prosecutor and defendant.The ClassifiedInformation Procedure Act in the United States and the need to know for defense attorneys are important for researching the discovery of evidence.The traditional civil law country,France,improves the investigating judges and set up counter-terrorism judges,conducting judicial review of intelligence materials before trial,and ensuring fair trials.In response to such cases,the European Court of Human Rights abstracted the three criteria of legality,necessity,and judicial review related to terrorist crimes.Through comparative analysis,it is found that all countries have explored the legitimacy of procedures on the basis of ensuring security,and have made reasonable disclosures by clarifying the scope of undisclosed evidence,following the standards of evidence disclosure,and adopting procedural safeguards.The fourth part of the article focuses on the problems of the evidence disclosure system in China.It has sufficient substantive provisions in the counter-terrorism,but the procedural provisions are few,resulting in some problems in the actual application process,such as how to define the scope of undisclosed secret evidence,object of the evidence disclosure,what conditions the evidence disclosure needs to meet,and how to use procedural measures to protect the rights of the defense.The last part of the article focuses on the suggestions for improving the evidence disclosure system in our country’s terrorist crime cases.In response to the problems mentioned in the third part of the article,China’s criminal procedure needs to be further improved,and the scope and objects of confidential evidence and standard should be clarified,standardizing the procedures outside the court,improving procedural safeguards,while effectively combating terrorist crimes,guaranteeing the basic rights of those charged with terrorist crimes. |
