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今年3月,最高人民检察院在向全国人大作工作报告时,将“完善向律师展示证据和听取意见的工作制度”列入了今年要“着重做好的工作”。证据展示(开示)作为庭审方式改革的一项配套制度,其在我国建立的必要性和可行性引起了理论界及实务界的广泛关注。在我国,建立证据展示制度有无必要和可能?有关试点实践中,证据展示是如何运作的,有何经验和问题?国外证据展示制度的现状和发展趋势如何?本刊特邀三位来自理论和实务部门的专家分别就上述问题发表意见,以期能对关注证据展示问题的读者有所参考和启发。
In March this year, the Supreme People’s Procuratorate, in its work report to the National People’s Congress, included the “Work System of Perfecting the Evidence of Dealing with Lawyers and Listening to Opinions,” to be included in the “Important and Good Work” this year. As a supporting system for the reform of courtroom trial, the demonstration of evidence (preface) has drawn the widespread attention of both theorists and practitioners in the necessity and feasibility of its establishment in our country. In our country, it is necessary and possible to establish the system of evidence demonstration? What is the experience and problem of the evidence demonstration in the pilot practice? What are the status quo and development trend of the system of evidence demonstration in foreign countries? And experts from the substantive departments respectively express their opinions on the above issues so as to give some reference and inspiration to readers who are concerned about the demonstration of evidences.