刑事公诉案件庭审前证据开示制度研究

在我国的刑事公诉案件中控辩双方在庭审前故意隐瞒重要证据 ,在庭审时突然袭击对方 ,使对方不得不申请法庭延期审理的现象非常普遍 ,而这种做法在我国的法律上又是合法的。但我国目前的这种立法体例又与我们要求提高庭审效率 ,排除法官预断 ,实现公平、公正、公开的庭审改革目标相违背。在普通法系国家和地区 ,如英国、美国和香港地区 ,以及大陆法系的日本在刑事案件的庭审中却是不允许一方利用隐藏的证据突然袭击对方 ,其原因在于他们的立法上都有一套完整的证据开示制度 ,这种证据开示制度确实也起到了提高庭审效率、排除法官预断、实现公平、公正、公开的诉讼基本原则的作用。我国在立法上应当借鉴这些国家和地区的立法经验 ,结合我国的司法实践 ,建立一套符合我国国情的证据开示制度 ,赋予控辩双方庭审前的知情权 ,禁止庭审中的突袭 ,以实现提高我国刑事公诉案件的庭审效率、防止法官预断、实现公平、公正、公开诉讼基本原则的庭审改革目标

A Study in the Revealing System of Evidence Before Court Hearing in Public Prosecution of Criminal Cases

It is a universal phenomenun in public prosecution of criminal cases in China that both accusing and defending sides intentionally conceal the key evidence before court hearing and make such a surprise attach on the other side during the court hearing that the other party has to request a dilatory motion from the court.And this practice is legal in China's law.This instance of legislation,however,goes against the reform goal of promoting court hearing efficiency,removing the judge's settlement of a lawsuit in advance,and achieving fair,open,and just court hearing.In the countries and areas of common law such as Britain,USA and Hong Kong as well as in Japan,the country of civil law,one side is not allowed to attack the other side by taking advantage of concealed evidence in the court hearing of criminal cases because their legislation has a complete set of revealing system of evidence which does take effect on the basic principle of promoting court hearing efficiency,removing the judge's settlement of a lawsuit in advance,and achieving fair,open,and just court hearing.China's legislation should use the experience of other countries and areas for reference to set up a set of revealing system of evidence suitable to China's conditions,which should give both sides the rights to know the facts in a case and forbid them to make surprise attacks in court hearing in order to promote court hearing efficiency in China's public prosecution of criminal cases,avoid the judge's settlement of a lawsuit in advance,and achieving the reform goad of fair,open,and just principles in litigation.