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我国刑事证据开示制度的内容应包括证据开示的责任、范围、程序和违反开示义务的制裁等问题。从开示的责任看,在公诉方负有主要的、全面的开示责任的前提下,被告双向开示;从开示的范围看,实行公诉方与辩护方的不对等开示;从开示的程序看,双方相互制约,并接受法院的司法审查,同时确立对违反开示义务的行为进行制裁和法律救济的制度。
The contents of the system of criminal evidence disclosure in our country should include such issues as the responsibility, scope, procedure of evidence disclosure and the sanctions that violate the obligation of disclosure. Judging from the responsibility of the prosecution, under the precondition that the prosecutor has the main and comprehensive responsibility to disclose the case, the defendant tries bidirectionally. From the scope of the proclamation, the public prosecutor and the defense are not equal to each other; The procedure shown shows that the two parties restrict each other and accept the judicial review of the courts and at the same time establish a system of sanctions and legal remedies for the breach of the disclosure obligations.