On The Transfer Of Public Prosecution Files In China

The new round of the Criminal Procedure Law reform was finally settled. Inindictable cases jurisprudence hot discussion Dossier Transfer in this round ofchanges occurred more obvious that the whole case transferred instead of the mainevidence a copy of the transfer. In this round of reform discussions, most scholars arein favor of a doctrine of the common law system of the indictmenttransferred. However, the results of the reforms announced in2012the new Code ofCriminal Procedure discard Photo copyism switch to full Dossiers, is used in this wayas early as in the1979Code of Criminal Procedure,1996Pretrial form of reviewreplace the substantive examination before the new Dossier Transfer Mode-Photocopyism Chinese characteristics and the purposes for up to16years in the case ofChina’s criminal indictment. This round of reform has returned to the transfer of thirtyyears ago. Both whole case is referred to the way the same? These have become thehot new discussion in legal circles. In addition, whether the whole case transferred inline with the trend of the indictable trial reform in China? Ability to carry out itsfunction in the practical operation in the future, to better serve the entire courtproceedings.Evidence procuratorial organs to be transferred to the court process, themain evidence is almost contains all the evidence, the prosecution in the process ofinvestigation and prosecution, must be collected in the case of the public securityorgans will be in the court conviction and sentencing adopted. So this way, the Courtreceived the case file and the copy of the material has no substantive differences, thisis also a direct impact on the realization of the purpose of the Pretrial Procedureof. Both Dossier Transfer each with its own characteristics, and in the end which wayis more suitable for China’s Criminal Pretrial Review of indictable cases, or do weneed to continue to theoretical study and discuss ways to take a new case filestransferred for the absence of our a gradual migration to the indictment, in thecommon law countries, and in recent years many civil law countries’. In this round ofreform, the academic discussion is that this transfer mode, generally considered theindictment a doctrine is of criminal proceedings in the case file to the ultimate goal ofthe reform is to be transferred. Last but not to be taken in this way, one is taking intoaccount the special judicial environment, use of such new way is not ripe; two purposes this should be implemented in the countries of the adversary indictment of a’national’ in the terms of reference itself faced with the lack of a lot of supportingsystems, while our system is not perfect. Nevertheless, such a transfer of hisforward-looking way, and continuously improve the supporting systems used in thecontext of the reform of the judicial system, the indictment of a ’dossier referred to theway they are feasible.