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控辩双方平等、理性对抗是“审判中心主义”的前提之一。控辩平等不仅指双方诉讼地位平等,更为重要的是“武器对等”──证据开示。日本现行证据开示制度由于存在着种种问题,因而成为新一轮刑事司法改革的重要课题。《刑事诉讼法等部分条文改正法律案要纲》为了实现庭审实质化,针对现存问题对证据开示制度进行了修改与扩充,对于实现“武器对等”原则具有一定的意义。然而,对相关内容进行分析可知,务实的改革风格在防止刑事司法发生震荡的同时,也使证据开示制度的具体改革举措过于谨小慎微,能否实现改革目的,尚存疑问。
Both the prosecution and the defense are equal, and the rational confrontation is one of the preconditions of “trial center ”. Equality between prosecution and defense refers not only to the equal status of litigation between the two parties, but more importantly, “arms equivalence” - evidence promulgation. As a result of the existence of various problems, the present system of evidence discovery in Japan has become an important issue in the new round of criminal justice reform. In order to realize substantive hearing, the revision and expansion of evidence discovery system for the existing issues have certain significance for realizing the principle of “arms equivalence”. However, analyzing relevant contents shows that pragmatic style of reform not only keeps the criminal justice from shaking, but also makes the specific reform measure of the system of evidence disclosure too cautious. Whether it can achieve the purpose of the reform is still in doubt.