对刑事诉讼证据展示制度相关问题的探讨

On the Related Problems of Evidence Discovery System in Criminal Procedure

证据展示制度是近年来我国刑事诉讼法学理论界与司法实践部门关注的热点之一。本文试图立足庭前证据展示制度的诉讼价值,通过比较国外的相关制度,指出该制度的建立是诉讼效益和公正价值观的必然要求,也是我国刑事诉讼立法与司法实践的迫切需要,进而对我国庭前证据展示的主体、内容范围、程序及后果等提出具体构想。

Evidence discovery system has been one of the issues that our criminal theoretical circle, as well as judicial department focuses on. This article, from the angle of showing its procedural value, through comparing with the related overseas regulations, points out that it is the inevitable demand of litigious benefit and just view of value, and is the urgent need of our litigious legislation and judicial practice as well. Finally, it brings out a concrete imagination of the system.