The Conveyance Of Dossiers And The Avoidance Of Judge Anticipation

The system of conveyance of dossiers in the criminal procedure in our country haschanged from the conveyance of all dossiers habitually (not required by law) to theconveyance of the copies of the dossiers, and then to the conveyance of all dossiersrequired by law. The system of conveyance of dossiers has a very important relationshipwith the judge anticipation. A scientific and reasonable way of the conveyance of dossiersis beneficial to the avoidance of judge anticipation and the proceeding of the followingcriminal procedures. Also, it can reflect the relationship between the procedural fairnessand the protection of human rights. However, due to that China’s criminal justice system isnot fine enough; we haven’t paid enough attention to the relationship between the systemof conveyance of dossiers and the judge anticipation. So it’s necessary to find out how toavoid judge anticipation in the current system of conveyance of dossiers. But each systemhas its own shortcomings. This article is written to find a better way of the conveyance ofdossiers. In the same time, the author proposes some views to make the rules better.This paper is divided into four parts. The author elaborates the anticipation of Justiceand its perniciousness in the first part. In the second part, the author tells the changes of thesystem of conveyance of dossiers in China. The third part includes different systems ofconveyance of dossiers in different counties and the reasons of the different chooses. In thelast part, the author makes some suggestions to the avoidance of judge anticipation and thebuilding of the system of conveyance of dossiers on the base of the conveyance of alldossiers.