证据开示问题初探

On Disclosing Evidence

证据开示制度是对抗式庭审机制中一个不可回避的问题。控辩双方证据开示应当是不平衡的,只有证据开示的主体、时间、地点、方式适合我国庭审实践,才能使其发挥应有的作用。

Disclosing evidence procedure is an inevitable problem in the adversary procedure. In the course of disclosing evidence, the prosecution and defence should be imbalance. Only the subject, time, venue, ways and means of disclosing evidence are suited to our court hearing practice that can play its proper role.