6.2 Liang
Yali Liang. (2016). Observations and Reflections on the Pre-trial Evidence Discovery in China——Based on the Pilot Activities in Some Local Courts and Procuratorates. International Journal of Law, Language & Discourse 6(2), 50-63.
Abstract: Along with the two recent amendments of the Criminal Procedure Law in China (1996 and 2012), there are some pilots on evidence discovery in some Chinese courts and procuratorates. However, some statutory proceedings, such as the evidence discovery, identification, cross-examination and investigation in the courtroom have been replaced or reduced by the piloted [pretrial] evidence discovery due to lack and misinterpretations of specific legal basis. This resulted in dramatic decrease of openness of the trial, and thus the challenge on the judicial fairness. In fact, access and consultation to the case files by the defence lawyers in the civil law system has no essential difference from the evidence discovery in the common law system considering the in representative functions and objectives. The fact that neither of the systems work well in China indicates that any law, regardless of its quality, will become fertile without a healthy environment of implementation. In the author’s view, pretrial evidence discovery should be conducted cautiously without sufficient empirical or theoretical research in order to fully secure the fairness of the trial and protection of human rights of the accused.
Keywords: evidence discovery, pilot; observation, reflection
Category: Volume 6
