建立我国刑事证据开示制度的思考/陈娅(2)
第四，阐述了证据开示的程序。具体从证据开示的主体、时间、地点和方式等方面进行说明。
最后，指出了我国应当设置对违反开示义务的制裁性规定。根据我国刑事诉讼的具体情况，借鉴国外的做法，文中设置了几种违反开示程序时可以采用的措施。
Abstract
Discovery of evidence is a concept rooted in America and U.K. as the representative of adversary system. It is also an important system of criminal procedure. As the system of criminal trial in China is being changed increasingly, discovery has become a choke point which our criminal trial faced, and disturbed the realization of fair and efficiency of litigation. Therefore, this article explores the discovery system of criminal procedure and is to benefit legislation and practice.
This article consists of four parts, which are about 30,000 words.
The preface of this article is mainly concerned with the definition of criminal discovery. It points that the criminal discovery is to notion evidence information between prosecution and defense who holds the evidence materials, through some rules、orders or appropriate modes, before the beginning of criminal sessions. That is to say in the criminal trails, as a way of evidence collection, criminal discovery is the information exchange between prosecution and defense. Because of the insufficiency theory and the immature legislation skills in our country, there are no corresponding provisions, which make a loose connection in some rules between the adjudgement and the prosecution program. So, to perfect the rule of evidence discovery has become an urgent problem to be solved. Why we must constitute criminal discovery, how to make it when we use for reference about other countries. It’s the nuclear viewpoint of this article.
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