试论刑事诉讼证据开示制度

A Brief Discussion of the Rule of the Public Display of Evidence in Criminal Lawsuit

刑事诉讼证据开示制度是一种审判前的程序和机制,用于诉讼一方从另一方获得案件有关的事实情况和其他信息,从而为审判做准备。建立刑事证据开示制度是强化对抗求证,保障控辩双方平等地掌握运用证据的需要,是促使公诉机关提高起诉质量的需要,是保障辩护律师有效行使辩护权的需要,也是推动司法改革深入发展的需要。要构建我国刑事证据开示制度,就要明确证据开示制度的基本规则,确立以法院为中介的控辩双方交换证据的稳定途径,并进一步加强相关的制度保障建设。

The rule of the public display of evidence in criminal lawsuit is a kind of mechanism and procedure before trial. It is served as a means for one party in the trial to gain the facts related to the case and to get preparation for the trial. To establish the rule of making public display of criminal evidence is the need of strengthening countermine search of evidence and of guaranteeing equal right of both the prosecuted and the defensive to get and use the evidence, is the need of improving the quality of prosecution of the organs of public prosecution, is the need of guaranteeing the justification right of the counsel for the defense, and is also the need of promoting the reform of justice. To establish the rule of making public display of criminal evidence, the basic principles of making public display of criminal evidence must be clarified and the stable means of enabling both the prosecuted and the defend to exchange evidence through the medium of court should be established so as to further strengthen the construction of guarantee of some relevant rules.