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刑事诉讼证据开示制度作为当事人主义或类当事人主义诉讼程序中的一个十分重要的概念和制度已经越来越广泛地受到我国学术界、司法界和立法机关的关注和认同。尽管我国的刑事诉讼法中也有类似于证据开示的制度,但与对抗制相配套的严格意义上的证据开示制度并没有建立。本文在概述证据开示制度基础之上,分析了我国刑事诉讼证据开示制度的现状及存在的问题,以期为完善我国刑事诉讼证据开示制度提出新的思路和设想。
The concept and system of evidence discovery of criminal procedure as one of the most important concepts in litigant or class-like litigation has been paid more and more attention and recognition by academic circles, judicial circles and legislatures in our country. Although there is also a system similar to evidence discovery in China’s Criminal Procedure Law, there is no strict evidence disclosure system that is compatible with the adversarial system. Based on the introduction of evidence discovery system, this paper analyzes the current situation and existing problems of evidence discovery system of criminal procedure in our country with a view to putting forward new ideas and ideas for improving the system of evidence discovery of criminal procedure in our country.