刑事诉讼中的证据开示制度是根植于英美法系对抗制土壤下的产物,但在指导司法实践的过程中,对作为大陆法系的我国同样具有重要的意义。因此,建构一套符合我国当前司法现状的证据开示制度,赋予控辩双方庭前的知情权,防止证据突袭,有助于实现司法公正,提高诉讼效率。 The system of evidence discovery in criminal procedure is rooted in the soil under the antagonism of the Anglo-American legal system. However, in the process of guiding the judicial practice, it is also of great significance to China as a civil law system. Therefore, it is necessary to construct a set of evidence discovery system that is in line with the current judicial status quo in our country, give the two parties the right to know before the court, prevent the raids of evidence, and help to realize the judicial fairness and improve the efficiency of litigation.