Evidence disclosure and prosecutors'professional ethics——On the construction of a dual model of evidence disclosure system in China
In the judicial practice,there exists the phenomenon that the prosecutor is excessively representing the litigant,and his objective obligation is eroded.To eliminate this phenomenon,the Prosecutor Law requires that prosecutors should uphold an objective and impartial position in performing their duties.Evidence disclosure is not only within the meaning of being objective and impartial,but also the ethical obligation shouldered by independent prosecutors.At the same time,in the official documents that advocate judicial reform,the reformers put forward the requirements for exploring the establishment of the discovery system.In this context,the reform plan should take consideration of different requisites for substantialized criminal trials and the procedure of guilty plea,and contain a construction of discovery procedures respectively in the pre-trial hearing and the issuance of complaint,in order to guarantee the equality of arms between prosecution and defense,and realize a fair trial.To ensure the discovery procedure being successfully conducted,it is also necessary to clarify the investigative organs'and prosecutorial organs'obligation in evidence preservation.
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