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新《刑事诉讼法》第40条首次规定了辩方对三种特定证据的及时告知义务,使辩方证据开示义务在中国得以确立。其不仅有助于实现实体正义,保障犯罪嫌疑人的合法权益,也提高了诉讼效率,具有立法正当性。同时,该义务的开示范围虽规定的较为狭窄,但与我国目前的刑事诉讼模式相适应。然而,目前该规定较为笼统简单,缺乏现实可操作性,亟待立法完善。
Article 40 of the new Code of Criminal Procedure sets forth for the first time the defense’s obligation to promptly disclose the three specific types of evidence so that the defense of the defense of the defense can be established in China. It not only helps to realize the substantive justice, protects the legal rights and interests of criminal suspects, but also enhances the efficiency of litigation and has the legislative legitimacy. At the same time, the scope of the disclosure of the obligation, though prescribed, is relatively narrow, but it is compatible with China’s current mode of criminal procedure. However, at present, the regulation is more general and simple and lacks realistic operability and needs to be consummated.