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刑事证据开示是来源于英美法系的概念,是刑事诉讼中的一项重要制度,对案件的诉讼程序变得高效、快捷具有重要的意义。刑事证据开示制度又称刑事证据交换,是指刑事诉讼中的控辩双方在审判人员的主持下,依法相互展示与案件有关联的证据的活动。随着我国刑事诉讼庭审方式由审问式向对抗式的转变,刑事证据开示制度已经成为我国刑事诉讼所面临的一个瓶颈,妨碍着我国《刑法》、《刑事诉讼法》所追求的诉讼公正和诉讼效率的实现。尽管我国刑事诉讼法中
The discovery of criminal evidence originated from the concept of Anglo-American legal system and is an important system in criminal procedure. It is of great significance to the procedure of the case becoming efficient and quick. The system of criminal evidence disclosure, also known as criminal evidence exchange, refers to the activities of the prosecution and the defense in the criminal procedure showing the evidence related to the case to each other according to law under the supervision of the trial personnel. With the change of court trial mode from trial mode to adversarial mode in our country, the system of criminal evidence discovery has become a bottleneck facing our country’s criminal procedure and hindered the fairness of the lawsuit pursued by China’s “Criminal Law” and “Criminal Procedure Law” Realization of litigation efficiency. Although China’s Criminal Procedure Law