The Research On The Mode Of Evidence Transfer In The Prosecution Stage

The way of the evidence transfer in the prosecution stage, as a connecting bridge between prosecution and trial is to build an outpost of a fair trial. It involves a complaint, defense, the trial rights of the three parties, while values with the litigation closely linked to the achievement of justice and efficiency is of great significance. China's current use of a copy of the transfer of doctrine and practice for the lack of legislation and have many difficulties encountered, allowing the system to face the embarrassment of implementation. In this paper, to view the problems in the evidence transfer of prosecution stage, focusing on the content of the evidence`s characteristics in the prosecution stage for how to address the evidence transfer problems in the prosecution stage suppose for establishment of the evidence classification tranfer hypothesis. This paper is divided into four parts, namely the transfer of evidence in the prosecution stage of the legal basis and the main types of comparison, China's legislative gaps and to reflect in practice, as well as characteristics of fronts from the evidence, the evidence for the prosecution phase of the study hypothesis transfer methods, specifically are as follows:The first part,there are two main aspects.1, an overview of the evidence the prosecution stage and significance of the concept of transfer mode. The way of transfer evidence in the prosecution stage is the core issue of what kind of way through which evidence in the case and related materials from the examination of their own party delivered to the court that a pre-trial proceedings. The meaning of the system designed is meeting the realities on the protection of the rights and the demand for ensuring a fair trial. 2, based on different legislative background, social and cultural as well as the value of the pursuit of criminal proceedings, there two transfer modes: Files transferred Doctrine and Principle of only bill of prosecution.Although the two kinds of evidence that the transfer has a very different way, but their presence has a certain degree of rationality, they were with their corresponding criminal system is working, although the ways and means of different, but always the same thing, is to guide the administration of justice forward to the fair. In this paper, the British and French legislation designed to compare the evidence set out their respective transfer exists in reasonable.The second part, it mainly analysis the transfer of evidence in the prosecution stage of our way of legislative amendments and the status legislative, to explore what due to led the practical problems. Revised Code of Criminal Procedure before 1996, China adopted in the case of transfer of the whole way, in practice, the judge pre-trial operation revealed finalized, the court a mere formality and so many problems. Then we get the main evidence for copies of doctrine, but because of what is "primary evidence" is defined as unclear, resulting in the transfer of evidence of the scope of the prosecution stage is full of uncertainty and subjective arbitrariness, seriously undermined the law should be some strict and execution.The main evidence to send copies of the transfer will not only be no limit to check the hospital's power. It also limits the right of lawyers and their important Marking.The third part, the author analysis the base of the prejudgment and the concept of a complaint doctrine applicable conditions, as well as the larger environment of our criminal justice for puting forward a new hypothesis, namely, the establishment of categories of evidence transfer method in the prosecution. Evidence content itself with a focus on analyzing the characteristics of the evidence, starting from the characteristics of the evidence and build a new evidence of the transfer method. That is based on the evidence and the prosecution phase of the manifestations of the demand to refine what evidence is to be transferred and what the evidence is not transferred. The author hopes that by standing on the perspective of the evidence, evidence-based content, and create evidence of the prosecution stage study of the transfer means new ideas.Part IV, in order to improve the transfer of classified evidence in the prosecution stage approach should be established to complete discovery of evidence classification system and the establishment of violation of the transfer mode of sanctions. It is only through supporting and related systems integration, combined with China's judicial environment, the real, in order to truly realize the transfer of evidence classification system of legislative intent.Limited to the author knowledge and plainer, and that view must be very immature, there are many mistakes.Thank you for criticizing and correcting,please.