对诉讼中辩方展示证据后控方又提供新证据的法律思考

证据展示是在庭审前控辩双方交换证据、相互获取有关案件信息的制度。旨在“整理争点” ,增加对抗 ,体现公正 ,兼顾效率。司法实践中 ,控方从法院“交换”取得辩方展示的拟在法庭出示的证据后 ,以核实为名 ,进行反调查 ,又获取与辩方观点相反的新证据 ,并运用于诉讼。这种旨在达到自己诉讼目的而违背刑事诉讼原理 ,破坏法定程序 ,影响客观、公正 ,降低诉讼效率的做法 ,应引起我们的深思。

A Legal Consideration of the Accuser''s Supply of New Evidence After the Evidence Exhibition by the Defender

Discovery is a system that the defender and accuser can exchange evidences and get some relevant information from each other before the trial. Its point is to sort out the focus,to increase confrontation, to represent justice in addition to the efficiency.However in the legal practice, the accuser obtains the evidence by the exchange from the court, which is to be displayed in the court by the defender, then on the pretext of verdification, goes on the counter investigation, gets some new evidevnces just contrary to the defender,and applies them in the lawsuit. To this kind of action which is defying the principles of crimindal law suit, breaking the leagl procedures, affecting the objectiveness and justice and reducing the efficiency of law suit, we should pay close attention.