The Dossier System Under The Principle Of Direct Trial

Criminal procedure law file is the product ofcriminal proceedings in the civil law countries, which plays a key role in the criminal proceedings.Investigation, prosecution, trial and all litigation stages should be recorded in detail in the file, and through the connection role of the file to make thecriminal litigation goes well. In the civil law countries, the whole file must be transferred before the court, so the judge has saw the file before the trial, so they may have the idea that is bad for the defendant, thus affect the fair trial. Facing those problems, the civil law countries like Germany establish the principle of direct trial, the principle of the words rules and so on, verify the evidences in the file strictly to solve the problems of file effectively.Throughout our country’s reform of the file transfer system, thedisadvantages such as relying too much on file content and ignore the real court judge aren’t solved, the reason is that we didn’t find the root causes of the problems. The trial is the mostimportant part of the criminal procedure, our country should learn the practice of the civil law countries to carry out the principle of direct trial, verify the evidences in the file strictly, limit the use of the file in court, don’t admit the evidence ability of the file, and only in exceptional circumstances the file can be used as the basis for the trial. Of course, we can’t simply copy other countries’ good system, we should give full consideration to realistic conditions of our country’s judicial practice.In addition, the solution of file problems is a complicated system project, in addition to the establishment of the principle of direct trial, it also needs other system’s mutual cooperation, which depends on further perfection and development ofour country’s law ruling.The article consists of six parts, content as follows:The first part–thesignificance of file to the civil law countries and our country is not missing. This part states the significance of file to the civil law countries and our country.The second part-the principle of direct trial. This part statesthe meaning of the principle of direct trial,theimportanceof the principle of direct trial, thebasic requirements of the principle of direct trial, andtherelationship between the principle of direct trial and the strict proving rule.The third part- our country’s file conditions to the principle of direct trial. The first states the damage of the transfer of the whole file to the principle of direct trial, the second states reading the abstract file damages the principle of direct trial, the third states the evidenceattribute of the file.The fourth part-the operation of the file system in the civil law countries. The first states the file can’t be used as the basis for the trial, the second states strict proving rule limits the use of the file, the third states the witness to appear in court to testify.The fifth part-the reform of file under the principle of direct trial in our country. The first states not admitting the evidence ability of the file, and only in exceptional circumstances the file can be used as the basis for the trial, the second states the effect of file, include file can be used as evidence of impeachment and can be used in the procedure before the court, the third states the witness to appear in court to testify, the fourth states the establishment of strict proving rule, make the evidence investigation procedure more strict.The sixth part-conclusion. This part summarized the article briefly.