Transfer System Of The Criminal Case File

With the process of the continuous progress of the rule of law, reform of the criminal trial also is gradually in-depth, and closely related to their transfer system files to show in practice as many problems, caused a theoretical and practical industry's attention. Criminal case file transfer system as a pre-trial proceedings in criminal proceedings a basic system, it is the public prosecutor to prosecute a way that is the way pre-trial judicial review. Prosecution and trial as a connecting bridge to transfer the system files of scientific and rational building has very important significance. China Transferring Files underwent a full copy of the case transferred to the main evidence for the transfer of the development process, which is moving in our adversarial system of criminal proceedings in the trial mode to explore the road of reform and transition. It is undeniable that a copy of the current transfer mode doctrine exposed some shortcomings in the attention to the problem, based on rational analysis Indictment we should trap and advantages of capitalism, China's criminal case file will eventually end the transfer system is a Characteristics of adversary complaint a doctrine.This text is divided into three parts. The first part is an overview of pre-trial case file transfer system, as into the problem. A Comparison of the second part of the method of using the rule of law to the major transfer mode of the two files were introduced, namely Japan, the U.S., which means the complaint on behalf of a doctrine and in France and Germany as the representative of the All Dossiers And made an evaluation and analysis. The third part is the analysis of patterns of files transferred. First, from the implementation of procedural changes the whole case before the transfer of the disadvantages, the idea of amending the law and the reform of the trend point of view, negate the return of all files transferred to the system card path selection; then specifically describes the current implementation of the "copy of the main evidence Ism "means the evils of the transfer is divided into two phases after the preliminary hearing and the court, and the reasons are described; the last fully integrated judicial practice in China, discusses the existence of the complaint a series of traps doctrine, including Will affect the effectiveness of the proceedings is not conducive to centralized processing, easily lead to abuse of public prosecution, the examiners will further restrict the right to counsel, prosecution and defense will increase inequality. The fourth part of the criminal case file transfer system, improve the exploration. First, by amending the law from the concept of consistency, the world trend of judicial reform and institutional point of view certainly a reasonable complaint of a doctrine is the ultimate choice, and then analyze its supporting system improvement, including pretrial preliminary hearing, the evidence shows, save files, Indictment doctrine exception and so on.