On Constructing the System of Criminal Evidence Discovery in China
Wang Yan
Abstract
Wang Yan
Abstract
Criminal evidence discovery is a very important system in criminal proceeding,which originated from the Anglo-American law system and means that the accuser and the defendant exchange relevant evidences before the public trial in court.Up till now,in spite of some regulations on how the accuser and defendant could get the information of the case in the criminal procedure law,the system of criminal evidence discovery before trial hasn't been established in China.In order to establish the system of criminal evidence discovery in China,we should follow the following principles including discovery in accordance with law,two-way discovery and complete discovery,regulate the scope of criminal evidence discovery,improve the procedure of evidence discovery and establish the punitive regulations on breach of the evidence discovery obligation.
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Criminal evidence discovery is a very important system in criminal proceeding,which originated from the Anglo-American law system and means that the accuser and the defendant exchange relevant evidences before the public trial in court.Up till now,in spite of some regulations on how the accuser and defendant could get the information of the case in the criminal procedure law,the system of criminal evidence discovery before trial hasn't been established in China.In order to establish the system of criminal evidence discovery in China,we should follow the following principles including discovery in accordance with law,two-way discovery and complete discovery,regulate the scope of criminal evidence discovery,improve the procedure of evidence discovery and establish the punitive regulations on breach of the evidence discovery obligation.
Key concepts: Obligation, Punitive damages, Scope (computer science), Criminal procedure, China, Law, Criminal investigation, Criminal justice