The Criminal Case File Transfer System Research

Criminal case file transfer is the importance of system in criminal proceedings is self-evident,it as a link between prosecution and trial,and the back of the pretrial and trial procedure is an unusual.From the 1976 "full case transfer doctrine" to the so-called "copy doctrine" in 1996 and then to the whole case in 2012.In the process of revising the criminal procedure law in our country,it involves the modification of the system of the transfer of criminal cases.China has been looking for a file transfer system.The whole case is the "transfer of doctrine",because of its own in the form of review,the lack of independent review process,namely the judge and the judge does not separate a series of problems,resulting in its failure to solve China’s criminal record system to the drawbacks of the formal trial still exists.This article starts from the present defects in the criminal case file transfer system,analysis of the case transferred to the doctrine of malpractice in the reasons existing in our country,and through institutional measures to improve their matching as much as possible to eliminate the drawbacks.This paper is divided into three parts.Firstly,the problems of the whole case transfer doctrine in our country,including the defects in the system design and the problems in the judicial practice;Secondly,in-depth analysis of the criminal case file transfer system causes the above problems,including the implementation of which has the effect of transferring files system of mode of action,trial and other deep-seated reasons,but also in the deep reasons under the influence of the files transfer system itself,namely the function of alienation,and related in China the traditional judicial habits,professionalism and other superficial reasons of judge;Finally,based on its own situation,in order to realize the essence of the trial for the basic requirements,change the past mistakes from foreign countries to eliminate institutional measures for our country to absorb system measures of criminal case file transfer system defects,by improving the files transfer system itself and its related pretrial procedure and trial way to dispel the disadvantages the case.Through summing up the whole case transfer system problems,and then from the table into exploring the causes of these problems,the indictment doctrine means of transferring files is not suitable for the situation of our country,and the case transferred to the doctrine than the indictment doctrine and current litigation more fit.And through the relationship between the substantive examination and prejudge the argument,that the substantive examination conforms to our country criminal case file transfer system to achieve the purpose of reform.In short,the case of the transfer of the case and the court is specifically responsible for the review of the implementation of the substantive review of the trial of the criminal case transfer system is a rational choice.At the same time,the basic requirements for the reform of the system of transferring files must follow the reform,complete case file transfer system to achieve the goal of the essence of the trial,based on their actual conditions,formulate and implement corresponding measures.One of the most important measures is to establish an independent pretrial review process,including the provisions of the pretrial review process of the Department,participants.Especially the local phase separation,which is the important measure to avoid generating the prejudge.The judge responsible for public prosecution organ for archival materials,the trial judge pretrial contact files and prejudgment.Secondly,starting with the other system which is closely related to the criminal case transfer system,the paper will improve the relevant supporting measures.From these two aspects,in order to eliminate the drawbacks of China’s current criminal case transfer system,the establishment of suitable for China’s current criminal case transfer system.