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刑事证据开示是在庭审之前控辩双方将己方掌握的证据材料让对方知晓的制度,其价值体现在实现刑法的公正价值、提高司法效率、实现保障人权。我国新《律师法》的颁布虽然对刑事证据开示带来了曙光,但其存在开示的相应法律义务不明、开示内容不清、开示对象局限、开示仅限单向性等问题。我国应依照双向、全面、刚性原则建立其适合我国刑事现状的刑事证据开示制度。
The discovery of criminal evidence is a system by which both prosecutors and defense parties know each other’s evidence before the trial, and its value is reflected in the realization of the fair value of the criminal law, the enhancement of judicial efficiency and the realization of human rights protection. Although the promulgation of the new lawyers law in our country has brought about the dawn of criminal evidence discovery, the corresponding legal obligations of its existence are not clear, the content of the citation is not clear, . Our country should establish its criminal evidence discovery system that is suitable for the criminal situation in our country according to the principle of two-way, comprehensiveness and rigidity.