A Study On The Way Of Criminal Procecution

The standard of the way of criminal prosecution lies on whether the files of the case are transferred to the court, usually the way of transferring can be divided into the indictment-only and files-transferring. In our country, files-transferring is widely adopted, however, the way that adopted is not the same as that adopted by the system of law in mainland in common sense, but in the way of super authority of office that deeply influenced by Soviet Union.When studying the way of criminal prosecution, the contents of the files, as well as the functions of the files during the process of investigation, prosecution and judgment should be known firstly since the standard of the way of criminal prosecution lies on whether the files of the case are transferred. Actually, main contents of files are recorded in all forms. Under the circumstances of judicatory in our country, investigation records play a core part in the process of judgments, their effect are even more convincing than those testimonies made in the court and directly affect the result of judgment. In the mode of current way of transferring, a suspect or a defendant is sentenced to be guilty by the end of the investigation, for those files are used as the evidence to make judgment, also the evidence to convict and sentence, though the suspect or defendant defend for himself, it dose not make any sense. The reason why the way of files-transferring prosecution can not be realized in programmatic justice is the mismatching between the way of prosecution and those related laws, especially the lack of some aspects in constitution that fails to protect human rights of the defendant. The Production line working of the public security, the procuratorate and the court limit the development of judgment, the record-orientation limit the development of the trial, the system of case-undertaker lead to the useless of full court, the system of examination by the president and the review committee leads to trial only but not sentence and the inexactitude of proof selection. The way of criminal prosecution is determined to be files-transferring by the law of criminal prosecution amended in2012, if carried out strictly according to the system of files-transferring in mainland; it has a positive effect to protect judges from making pre-judgments so that the effect of realizing trial-centered will be obvious. Pre-trial judges should be arranged in the following reformation in the system of judicatory in our country; the judges should examine the advices of prosecution and defense which have a positive effect in the pre-trial meeting. Base on the constitutional theory, the public security, the procuratorate and the court are reconstructed; the discipline of direct speech should be the core factor in the selection of proof, the opposing function of the lawyer and the function of full court should be strengthened.Compared to files-transferring, the way of indictment-only has so many advantages in eliminating the pre-trials of judges, developing the function of trial in court, realizing the impartialness of judges, strengthening the participation of defendants, improving the situation of litigation for defendants that it should be carried out in our country as soon as possible. Although the system of criminal litigation has its limitations in our country for now, with the democracy and the governess of the law getting more and more popular, the development in future can be positive and optimistic.