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我国现行的诉讼模式是在职权主义的基础上引入了当事人主义的因素,但却没有设置与对抗制配套的证据开示制度,不利于实现刑事诉讼公正效率的价值目标。为此,我国应当借鉴国外刑事诉讼立法的成功经验并结合实际情况,探讨建立刑事证据开示制度的必要性和可行性,这对我国刑事诉讼的立法与司法实践都无疑具有重要意义。
The current litigation model in our country introduces the elements of the parties doctrine on the basis of the doctrine of authority, but does not set up the evidence disclosure system that is matched with the adversarial system, which is not conducive to realizing the value goal of fairness and efficiency of criminal proceedings. For this reason, our country should learn from the successful experience of criminal procedure in other countries and discuss the necessity and feasibility of setting up the system of criminal evidence discovery, which is undoubtedly of great significance to the legislation and judicial practice of criminal procedure in our country.