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Research on Discovery System of Criminal Procedure

Author: MaWenJuan
Tutor: HaoAiJun
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Criminal suit Open Evidence Construct Safeguard Mechanism
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 120
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Abstract

Criminal proceedings is a form of action to resolve the conflict between the rights and interests of the State and its citizens for the mission, epitomized the tense conflict with the equity of the individual rights of citizens and the state power. The punishment of criminals and protection of human rights in criminal proceedings is difficult to juggle dilemma proposition, the establishment of the Evidence Discovery System can be an effective solution to this problem. Evidence Discovery System is an important pre-trial procedures mechanisms in the adversarial system of litigation mode, the system of pre-trial exchange of information between the prosecutor and the defense was not used in any case files transferred, the implementation of both defense and prosecution to the court Evidence Discovery System proof litigation structure shows important significance. Discovery System can procuratorial organs on the evidence material in the prosecution phase of the defense lawyers, as well as guaranteed access to evidence material to the defense made by the prosecutor before the hearing, by \design, prosecutors and defense lawyers are extremely full court confrontation ready, in order to avoid the kind of mutual \China should establish Evidence Discovery System There are two important reasons, on the one hand, the defense counsel scoring difficult \and can be transferred to the court of all archival materials on the prosecution of access and study and work commenced on this basis of preparation of the defense. But after legal amendments completed in 1996, legislators considered based on the introduction of the Anglo-American adversarial litigation model, in order to allow the judge in the court process before a referee views, in order to reduce prejudge the judge before the hearing, the judgment of the impact on the parties. Made greater restrictions on the prosecution referred to the courts range of archival materials, this designed to limit judges scoring the legislative mind, but objectively resulted in the emergence of defense counsel \apply for access to archival materials, in litigation mode of the adversarial system, the defense counsel can access to archival materials accordingly subject to greater restrictions. Other hand, defense counsel \double the resource advantages of the authorities \position. Prosecutorial authorities and the courts in some places also scoring difficult \One of the proposed solution to the problem should be the establishment of the Criminal Evidence Discovery System in line with China's national conditions. Establishment of Evidence Discovery System, and enhance the ability of the prosecution and defense equal confrontation, in order to change the status of both defense and prosecution exist not achieve both defense and prosecution on the real meaning of equality. China has yet to establish the Criminal Evidence Discovery System, in this context, we should think deeply about the significance of the establishment of Open Evidence and visits abroad in the Open Evidence aspects of successful practical experience, combined with China's specific national conditions, to construct our evidence The Dhamma system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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