我国证据开示制度的缺陷及立法完善

The Defects of the Testimony Offering System of Our Country and Their Countermeasures

我国证据开示制度存在证据开示的范围、场所和义务不明确 ,对违反证据开示制度的行为缺乏制裁等立法方面的缺陷。凡控辩双方准备在庭审时提出的证据都应属于开示范围 ,对方不拟使用的证据 ,他方亦可请求开示。控辨双方具有相互开示的义务 ,开示的时间、场所应分段进行。对违反证据开示义务的行为应予以制裁。

There exist in the testimony offering system defects in the scope, place, obligation of offering and in lack of sanctions to violation. All the testimonies to be presented by the accuser and the accused at the court interrogation must be offered by both parties even though the testimony is against one party but is enquired by the other party. The both parties are responsible to offer testimonies at different time and on different occasions. Either party violating the obligations of offering testimonies must be punished.