证据开示制度与阅卷权制度研究

Research on the System of Evidence Disclosure and That of Case File Review

无论是证据开示制度还是阅卷制度,都是一种庭前证据信息交换制度,二者在制度理念和功能上具有相似性,在存在条件及目的上又不尽相同,这主要是受本国刑事诉讼构造的影响。鉴于此,我国应立足于本国司法实践,进一步完善我国的庭前证据交换制度,以实现保护被追诉人利益与犯罪控制、提高诉讼效率的统一。

Systems of either evidence disclosure or case file review fall into the category of pretrial information ex- change system. While sharing similarities in terms of institutional concepts and functions, the system of evidence disclosure and that of case file review differ from one another in regard to their existence conditions and purposes which are chiefly affected by the structure of criminal procedure in China. Therefore, based on China＇ s domestic judicial practices, the pretrial information exchange system in China should be furthered improved so as to achieve a harmonious unity between protection of the rights of the accused and enhancement of crime control and procedural efficiency.