我国刑事质证制度的缺失及立法完善

On the Defects and Legislative Complement to the System of Criminal Interrogation

证据是诉讼的灵魂,而质证作为审查证据真伪的法律制度,其作用毋庸置疑。我国刑事质证制度在司法实践和立法中都存在缺陷,明确质证的主体和对象、确定质证规则、完善证人出庭作证制度、明定刑事质证主体的证据开示义务、保障律师的取证权是完善这一制度的基本内容所在。

Evidence is the soul of procedure. Interrogation is very important because it can review evlaence. The system of criminal interrogation has some defects in legislation and its implementation. To make interrogation perfect, something should be done which includes making interrogation subject and object scientific, making interrogation rule more clear, setting up the appearance of witness system and guarantee the lawyer obtain evidence and so on.