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在两大法系国家,虽然存在具体制度设计上的差异,但都设立相应的制度来保障控辩双方的证据知情权。在当事人主义刑事诉讼中采用证据开示制度来实现控辩双方的证据知悉权,而在职权主义诉讼中则存在广泛的阅卷制度。我国新《刑事诉讼法》吸收了当事人主义诉讼模式的合理因素,强化了控辩双方庭审过程中的对抗性,然而在我国未完全建立起当事人主义的情况下,不能建立证据开示制度,而是应借鉴当事人主义证据开示制度的合理成分,建立并完善阅卷制度来保障控辩双方的证据知悉权。
In the two legal systems countries, although there are differences in the specific system design, they all set up corresponding systems to guarantee the right of both parties and the defense of the right to information. Evidence discovery system is adopted in the criminal litigation of the criminal litigations to realize the right of knowing both sides of the prosecution and the defense, while there is a wide range of scoring system in the litigation of official power. The new Criminal Procedure Law of our country absorbed the reasonable factors of the litigation mode of adversarialism and strengthened the antagonism in the trial of both prosecution and defense. However, in our country, the system of evidence discovery can not be established, It is necessary to draw lessons from the reasonable elements of the system of procuratorial evidence discovery and to establish and improve the scoring system so as to ensure the right of both prosecutors and defense to know the evidence.