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我国现阶段刑事律师辩护主要依据其从公诉机关掌握的证据材料,而新刑诉法规定的庭前会议主要用于解决审前程序性问题而非证据问题,从而导致控辩双方的控辩职能失衡,被告人的诉讼权利得不到保障。为了平衡双方的职能、维护被告人的辩护权,进一步提高诉讼的效率、节约司法资源,保证案件质量,我国目前的司法实践要求尽快建立和完善刑事证据开示制度。
At present, the defense of criminal lawyers in our country is mainly based on the evidence materials that they hold from the prosecutorial organs. However, the pre-trial meeting stipulated in the new Criminal Procedure Law is mainly used to solve pre-trial procedural issues rather than evidentiary issues, resulting in the prosecution and defense functions of both parties Imbalance, the defendant’s litigation rights can not be guaranteed. In order to balance the functions of both parties, defend defendants, further improve the efficiency of litigation, save judicial resources and ensure the quality of cases, the current judicial practice in our country requires establishing and improving the system of criminal evidence discovery as soon as possible.