The Research On Conveyance Of Dossier Reform In China

Conveyance of dossier is one of the important links in the Criminal procedure all around the world. In criminal procedure, what kinds of conveyance of dossier contact on the procedural justice and substantive justice closely. If the conveyance of dossier was designed improper, will make the trial formalized. Further more, it’s may caused the unbalance between the fighting criminals and protecting human rights in the criminal procedure. According to Criminal procedure law, the conveyance of dossier in our country is conveying the main evidence’s photocopy to the court. But it’s exists more drawbacks in the judicial practice, even been ignored by the lawsuit participates in a person. It will prevent us to real realize criminal litigation purposes, such as fighting criminals and protecting human rights. According to the New Criminal procedure law, turn back to conveyance all of dossier should be just a short time measure. Therefore, we must comprehensive all the related factors from the criminal judicial practice, to deeply research and analysis the possible problems toward the conveyance of dossier in our country. Finally provides new improvement Suggestions to construct the system.This paper will preliminary discuss the basic theory of the conveyance of dossier based on the above reasons. Then we will research the forming process of the typical conveyance around the world, to analysis each advantage and disadvantage. Furthermore, in the article we will analysis each way’s adaptability in our country. Proceed to the next step, with the essence of procedural justice and trial for the study of the breakthrough point, combined with the influence factors of the conveyance of dossier, presenting ideas of the conveyance of dossier in our country will easily make the rules of evidence not work properly. At the same time, this paper attempt to show the picture of the grassroots court’s judicial practice, to analyze the problems of the specific procedures building in the conveyance of dossier in our country. Finally come up with a specific and more viable idea:conveyance of dossier in two step type.This paper is divided into four main part chapters:The first chapter divided into three parts, include the concept, type and formation mechanism of the conveyance of dossier. The first part points out:the concept and type of the conveyance of dossier. The second part expounds the formation mechanism of the conveyance of dossier, extraordinary to analysis it’s functional in criminal proceedings. The third part briefly reviews the different kinds of conveyance of dossier.The second chapter divided into two parts, concrete analysis the current situation of conveyance dossier in our country. The first part introduces the legislation evolution, and the criminal litigation structure on its evolution impact. The second part analysis the judicial practice status of the current conveyance of dossier, then to finds out the reason. The third introduces the theory research status of the conveyance of dossier in our country, to further clear the necessity of the reform.In the third chapter put forward how to perfect the way of the deportation of files in our country, this chapter divided into two parts. The first part is to establish the purpose and guiding ideology of conveyance of dossier. The second part point out the specific legislative proposals, including:in the pre-trial procedure before the public prosecution apply the conveyance of full-dossier; after the pre-trial procedure, the conveyance of dossier take different way by different type of case; the construction of the relevant systems.