| Since the implementation of the leniency system for confessing guilt and punishing in our country,the pursuit of efficiency in litigation has aroused people’s concerns about whether justice is fair enough.Therefore,how to protect the suspect’s right to know the evidence,so as to ensure the voluntariness and authenticity of his confession of guilt and punishment has become a core issue.However,in the context of China’s low defense rate and imperfect duty lawyer system,China’s existing file review system can’t meet the needs of most criminal suspects for knowing evidence.This has prompted China to explore another aspect of information exchange between the prosecution and the defense.One form-evidence discovery system.On the basis of exploring the relevant theories of evidence discovery,this article takes the problems in the operation of the confession and punishment leniency system as the starting point,analyzes the shortcomings of the current information exchange system,and further points out the advantages of the current evidence discovery system.At the same time,it draws on the useful experience of foreign countries,combined with the theoretical research and practice of evidence discovery in my country,and puts forward the specific content of China’s evidence discovery system the perspective of the leniency in penalty and confession.In addition to the introduction and conclusion,this article mainly includes the following four parts:The first part starts with the basic concept of the evidence discovery system,analyzes the shortcomings of the current information exchange system in China and the role of the evidence discovery system,and further demonstrates the necessity of evidence discovery from the perspective of the leniency in penalty and confession;The second part first sorts out the relevant regulations of the discovery of evidence in the country and the practice of the procuratorates in various areas in the country to explore the discovery system,and analyzes and points out the shortcomings,and strives to improve the specific content of the discovery system in the following text;secondly,the United Kingdom,The United States,Japan,the more mature evidence discovery systems in three countries to introduce and analyze,in order to provide useful experience for my country to build evidence discovery systems;The third part systematically puts forward that the specific content of China’s evidence discovery system from the Perspective of the Leniency in Penalty and Confession includes: the principle of discovery,the subject and scope of the discovery,the time of discovery and the method of initiation,the sanctions for illegal discovery,and the issue of confession in the discovery of evidence.In order to solve the problem of“false confession” in practice,to ensure the authenticity and voluntary nature of criminal suspects’ confession and punishment;The fourth part starts from the three directions of prosecution,trial,and defense,and puts forward the safeguard measures of the evidence discovery system from the perspective of the leniency in penalty and confession to escort the smooth operation of China’s pre-litigation evidence discovery system.In short,this article points out the shortcomings of the current evidence discovery research through literature comparison and practical analysis,and at the same time puts forward its own points of view,hoping to provide a meager reference for China’s construction of pre-litigation evidence discovery system. |
