The Evolution Of Transferring Criminal Case File System And Elimination Of Its Disadvantages In China

The transferring case file system as a way which public prosecution organs institute a public prosecution in china, that is to say, for the cases that meet the prosecution conditions,the public prosecution organs how to sue to the court. The transferring case file system plays an important role, as the connecting point between the prosecution and trial in the criminal procedure, it has inextricably relationship with the subsequent pretrial review procedure and court trial. All previous criminal procedure law modifications involve the modification of the case file transfer system, from "transferring the entire case file" in 1979 to the so-called "copy" in 1996 to "transferring the entire case file" in 2012,it is really a reversion. As far as the "transferring the entire case file ", it does not solve the disadvantages of the transferring case file system in our country. This article mainly analyses the reasons why transferring the entire case file generates disadvantages from the development history of transferring case file system in our country, and eliminating the disadvantages as much as possible by perfecting the related systems and measures.The article mainly has four parts, firstly looking at the problems of the transferring case file system from the previous amendments of criminal procedure law in our country; Secondly analyzing the reasons why the disadvantages of the transferring case file system always exist, though we have changed it more than once. Thirdly absorbing the suitable systems and measures for us from eliminating the disadvantages of case file transfer system in foreign countries. Finally, eliminating the disadvantages of "transferring the entire case file" by improving the transferring case file system and the relevant systems such as pretrial review and the way of trial.Due to the transferring case file system is a very simple system, namely prosecuting the case satisfying the prosecution conditions to court, improving itself has little effect on the elimination of first impression、prejudice of pretrial and negative influences on substantial trial resulting from it. So this article puts forward effective measures mainly from improving the contents of case file and reference to the advanced experience of foreign countries in eliminating the disadvantages, and combining the criminal litigation environment in our country. Mainly perfecting it from other systems closely associated with the transferring case file system to eliminate these disadvantages, for example, by establishing an independent pretrial review procedure creates conditions for the functional change of transferring case file system and make the case file transferring by public prosecution organ stop to the pretrial review and make the trial judge decrease the contact with the case file. As for the way of trial, The "transferring entire case file" make the judge only pay attention to read the case file before or after the trial, but do not pay attention to the process of trial, which intensify the formal trial, so eliminating the negative influence which it has effect on the substantive trial by changing the former way of trial on the basis of the case file.