试论刑事证据开示的制度前提和环境优化

On the Systematic Preconditions and the Situational Optimization of Criminal Evidence Publication

刑事证据开示制度作为英美(当事人主义)法系证据制度的重要组成部分,其生成和存在都有特定的制度前提和运作环境。在我国,要想成功移植该项制度,必须坚持抗辩式的改革方向,促进证据开示制度的环境优化,其意义将比单纯设立一个证据开示制度更加深远。

The generation and existence of the system of criminal evidence publication, which is an important part in the evidence system of the British and American genealogy of law, have their specific systematic preconditions and operational situations. In China, if we want to transplant this system successfully, we should stick to the reforming road of counterpleading and promote the situational optimization of the system of evidence publication. Its significance is further than simply build a system of evidence publication.