从律师的辩护职能看我国刑事证据开示制度

我国现行刑事诉讼制度具有控制辩制的特点。律师辩护职能的充分发挥,受到制度和现实的许多制约,造成了“控”“辩”职能的失衡,有碍司法公正。改变这种现状的办法之一就量实行刑事证据开示制度。本文以律师辩护职能为切入点,提出应当建立双向的、全面的、具有严格程序规定的刑事证据开示制度,以保证律师辩护职能的充分发挥,完善刑事诉讼制度。

On China's Criminal System of Testimony Showing from the Perspective of Lawyer's Function of Defense

China's current criminal suit is characterized by the system of control of defense. The lawyer's defense function is restrained by the system and reality, which brings about the loss of balance between "control" and "defense", and which hinders judicial justice. One of the ways of changing the situation is the practice of the testimony showing in criminal suits. The present paper suggests that a strict criminal system of testimony showing be established, so that lawyers' function of defense could be performed fully and criminal suit system be perfected.