2003Journal of Hubei Institute for NationalitiesRequires access

On Evidence Discovery System in Criminal Procedure

Yu-Min Chen

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Abstract

On the basis of studying and analyzing the legislation and practice on the discovery of evidence both in broad sense and narrow sense and both in general sense and special sense in our country, the article points out its problems,then analyzes the reasons of the different levels of the problems,and provides such suggestions of legislation as the bestowing of the right of asking the attorney to be present when the criminal suspect is interrogated to the criminal suspect, the expanding of the scope of the discovery of evidence in the stage of review and prosecution, the establishment of the system of discovery of evidence before trial, and the amending of the clause thirty-seven of the criminal procedure law.

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What this paper is about

On the basis of studying and analyzing the legislation and practice on the discovery of evidence both in broad sense and narrow sense and both in general sense and special sense in our country, the article points out its problems,then analyzes the reasons of the different levels of the problems,and provides such suggestions of legislation as the bestowing of the right of asking the attorney to be present when the criminal suspect is interrogated to the criminal suspect, the expanding of the scope of the discovery of evidence in the stage of review and prosecution, the establishment of the system of discovery of evidence before trial, and the amending of the clause thirty-seven of the criminal procedure law.

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Available abstract

On the basis of studying and analyzing the legislation and practice on the discovery of evidence both in broad sense and narrow sense and both in general sense and special sense in our country, the article points out its problems,then analyzes the reasons of the different levels of the problems,and provides such suggestions of legislation as the bestowing of the right of asking the attorney to be present when the criminal suspect is interrogated to the criminal suspect, the expanding of the scope of the discovery of evidence in the stage of review and prosecution, the establishment of the system of discovery of evidence before trial, and the amending of the clause thirty-seven of the criminal procedure law.

Key concepts: Suspect, Scope (computer science), Legislation, Criminal procedure, Criminal law, Law, Political science, Criminal investigation

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