论刑事证据展示制度的诉讼行为理论基础

On the Theoretical Foundation of the Demonstration System of Criminal Evidence

刑事诉讼行为的实体功能和程序功能是建立证据展示制度的理论基础。刑事诉讼行为的可期待性和互动性要求证据必须是控辩双向式展示的 ,并且在展示范围上 ,控方全面展开 ;而辩方不需展示对被告人。

The substantive and procedural functions ofactions in criminal proceedings are the theoretical foundations of the demonstration system of criminal evidence.Both prosecuting and defending parties have to demonstrate their own evidences,which demanded by the expectability and interconnection of criminal actions.With respect to the extent of the demonstration,the prosecuting party must show all evidence they have obtained,while the defending party is entitled to retain evidence which will be unfavorable to the defendants or the suspects.