On The Transfer System Of Files In Criminal Proceedings

Criminal procedure is a complete system; each part of the procedure plays a major role. Criminal case file can be called to be a very important part, without a case file, the whole criminal procedure will be reeling. The transfer system of Criminal prosecution files should be of the value of both justice and efficiency. With the 2012 "Criminal Procedure Law" amendment, our country has experienced from "transfer the whole case files", to "transfer the main evidence’s photocopies",and now reincarnation to "transfer the whole case files". These changes also reflect the development and problems of Chinese criminal litigation practice for decades. Restore to "transfer the whole case" is helpful to solve the problem of lawyer accessing to files, but also conducive to help the judge be familiar with the circumstances of the case, to promote the case.But this recovery also has great risks, most notably is that the judge will have to prejudge the case before the trial, witch will cause the trial to be a formality; it may also destroy the institutional basis of "adversarial trial mode" fundamentally, and consume the results of the reform. The law of criminal procedure in 2012, advances the time for lawyers to checking out the case files at the stage of "review and make a decision of prosecution". But this is just a formal solution, because the defenders can access to the files is not equal to they can be able to obtain comprehensive information. In addition, in the case " transfer the whole case files+ review formally", "review formally" can only weaken but not interdict prejudging the case. The means of transferring files related to the efficiency and fairness of justice, related to the configuration and balance of procuratorial and judicial authority, in relation to the efforts of controlled debates examines the three party surrounding the case.The reform of the judicial system of our country is now into the "deep water", the implementation of appropriate means of transferring files, is the request of judicial reform, but also an important measure to safeguard judicial justice and efficiency. Therefore, we should pay attention to the methods of transferring the case files, and improve our case transfer system and supporting system.This dissertation is divided into four parts:The first part analyzes the background of China’s criminal litigation files transferred to, lead to thinking out of files transfer system; The second part reviews the evolution of China’s criminal procedure means of transferring files of history, first analysis of the 1979 China" The whole case files transfer system" is the basic content and existing problems, followed by analysis of the 1996 China "The main evidence photocopy transfer system" the main contents and existing problems, finally analyses the current full record card legislation background, main contents and existing problems of transfer system; the third part introduces the different countries in the world in different law system, different measures to prevent prejudice taken, attempts through the comparative law method. I used to do the analysis and reference of merit, China in the system; the fourth part discusses the criminal means of transferring files. To build and perfect the basic requirements first transfer mode reform of our country’s criminal record made in detail, and then improve the analysis of related system.