论构建我国刑事诉讼证据开示制度的意义

On the Significance of the Construction of Open Evidence System in Chinese Criminal Suit

证据开示制度源于英美法系的当事人主义,体现了控辩双方在庭审前的权利对等。鉴于我国刑事诉讼模式的特点和改革开放以来公民人权意识不断增强与涉外刑事案件的不断增加的现实状况,引入证据开示制度已是十分必要。这样做,有利于实现公正与效率的法律价值,有利于消除控辩双方证据资源不平衡问题,有利于实现诉权制衡,保障被告的基本人权。

<Abstrcat> Open evidence system originated in partism of British and American legal system, which reflects the equal rights between the accusing and the defending party at court. In view of the characteristics of the model of Chinese criminal suit and with a view to the status quo of the successive awareness raising of the citizens' human rights and the successive increase of foreign criminal cases, it is necessary to introduce open evidence system. This is favorable for the realization of just and efficiency, for the elimination of the imbalance of evidence resources between the accusing and the defending party, for the realization of check-and-balance of lawsuit right, and for the safeguard of the basic human rights of the accused.