On The Reconstruction Of Our Country Dossier Transfer System

Dossier transfer as an important content of the criminal judicial system of our country,it is a bridge between prosecution and trial, is an important system of our criminalprocedure operation. Our country dossier transfer mode has experienced adevelopment process with many twists and turns, namely the whole record card to thedoctrine to the main evidence Photocopyism and then restored to the previous fullrecord card transfer of doctrine, This is China’s criminal procedure in the attemptagainst the reform of trial mode on the road to explore. But I think that, This approachis not the best choice, It is a kind of compromise of the judges in the judicial practiceof our country criminal record volumes of excessive dependence on, is a historicalretrogression, The drawback is obviously, Should we need to explore more reasonablecriminal prosecution transferring files. Therefore, it is necessary for us to researchbased on the current theories, Integrated various factors of current criminal judicialpractice. for our current dossier transfer ways of regression and in-depth study of thesystem of possible problems, in order to provide new suggestions to perfect thesystem construction of perfect.Apart from the preface and epilogue, this thesis consists of four parts:The first part is "the dossier transfer system", mainly from the angle of meaning, styleand its formation mechanism of the dossier transfer to study the general problem ofthe dossier transfer system.The second part is "the comparative study of foreign dossier transfer system", First,by using the method of comparative study to the world’s major countries of differenttypes of dossier transfer mode in detail, and then makes a brief comment on.The third part is "legislative changes in the system of dossier transfer and existingproblems", the basic content of quasi first in1979China’s criminal procedure lawestablished the whole record card transfer system and existing problems of theexamination and evaluation, The legislative background and the practice situation andthen to the criminal procedure law of our country to establish in1996of "primaryevidence photocopy transfer system" to summarize and reflect, Finally, focus on2012criminal law amendment regression established full record card transfer systemoperational effectiveness and reasons are analyzed in detail.The fourth part is "the reconstruction of our dossier transfer system", first the basicrequirements of transfer mode reform of China made detailed dossier, And then from the angle of rationality of the system design put forward the "indictment onlydoctrine" transferring files should be the best choice of the trial mode reform in thefuture of our country,Finally, analyzes the improvement of its supporting system.