On the Construction of Evidence Discovery in Criminal Litigation
Abstract
Evidence discovery is a system which means before putting on trial or during the judging the accuser and the defense according to regular procedures and mode, each other shows lawsuit proof or related material they own mastered. It has played a great part in substantive justice procedural justice and litigation efficiency. As a result, both English-American Legal System Country and Continental Legal System Country have already established Evidence discovery system in Criminal procedure. What’s more, it exists an enlarging tendency from unilateral discovery to both sides discovery. So do the discovery scope. Current Criminal procedure law in our country exist similar regulations on criminal litigation. However, it is neither completed nor scientific. Consequently, it has brought about a great many problems in practice. What causes this situation? I think it is not only related to our country paying much attention to substantiality and punishing crime instead of procedure and human rights but also related to our country’s litigation mode. Our country ought to construct evidence discovery system which have a characteristic our own base on both two-way discovery and unequal discovery principles. Above all we should take notice of constructing on discovery time, discovery address, discovery range and solving of discovery dispute.