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修订后的《律师法》赋予了辩护律师在审查起诉阶段全面查阅证据的权利,但却没有规定辩护律师有向控方主动展示其收集、掌握的有利于犯罪嫌疑人、被告人的辩护证据的义务,这无异于使得控辩双方的信息获得不对等。而适用证据开示制度将根本解决这一问题。为了尽可能的减少证据开示可能带来的另一种形式的诉累,我们可以对被告人认罪案件适用简化审理的程序进一步细化,对于此类案件检察院在提起公诉时无需提交主要证据复印件,法院一方无需参加证据开示全过程等。这样在运用证据开示制度保障控、辩双方信息对等的同时,亦能使控、辩、审三方共同受益。
The revised lawyers’ law gives the defense lawyer the right to examine the evidence in full during the prosecution phase, but it does not require the defense lawyer to proactively display the evidence of his defense collected in favor of the criminal suspects or defendants Obligation, which is tantamount to making the information between the prosecution and the defense unequal. The application of evidence disclosure system will fundamentally solve this problem. In order to minimize the potential for another form of prosecution brought by the demonstration of evidence, we can further refine the procedure for applying the simplified trial to the defendant’s plea of guilty plea, in which case the Procuratorate does not have to submit the main evidence when prosecuting him One, the court did not need to participate in the whole process of evidence disclosure and so on. In the meantime, the three parties such as the accuser, the defense and the trial benefit jointly from using the system of evidence disclosure to guarantee control and information between the defense parties.