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建立刑事诉讼证据开示制度,是抗辩式审判方式的重要标志,是诉讼科学化、民主化进程之必然。目前,由于理论认识上的偏差、体制设计不够完善以及现行法律规定不够具体,致使我国在有关刑事证据开示制度的运行中存在一些问题。在我国刑事诉讼法再次修改之前,新律师法的出台赋予了辩护律师在审查起诉、审判阶段完全的阅卷权,如何构建完善中国的刑事证据开示制度已成为我国刑事诉讼中亟待解决的迫切问题。
The establishment of a system of evidence discovery in criminal proceedings is an important symbol of the adversarial trial method and an inevitable consequence of the litigation being scientific and democratized. At present, there are some problems in the operation of the system about the discovery of criminal evidence in our country due to the deviation of theoretical understanding, the imperfect system design and the fact that the current laws and regulations are not specific enough. Before the revision of the Criminal Procedure Law in our country, the introduction of the new law gave the defense counsel the complete right to read the case during the prosecution and trial stages. How to construct and perfect the criminal evidence discovery system in China has become an urgent problem to be solved urgently in criminal proceedings in our country .