Study On The Reform Of The Transfer Mode Of A Criminal Case In China

The transfer mode of a criminal file in our country has gone through a great change in history called "striking one snag after another" including the1979"transfer of all files ",the 1996"photocopyism of main evidence" and the 2012"transfer of all files".There is a profound historical origin and legal basis behind each reform,along with the corresponding theoretical progress and litigation benefits.But along with the sweeping wave of judicial reform,especially the putting forward of the goal of reform of the procedural system “trial-centered" in the fourth Plenary Session of the 18 th CPC Central Committee,Our country's transfer mode of a criminal file has new contents and meanings from the connotation and denotation to value pursuits,which makes it once again become the focus of the dispute and focus on the reform of the object of theoretical and practical circles.So the practice that the 2012"Criminal Procedure Law" return to the 1979 " transfer of all files" is on earth a kind of rational judicial return or helpless historical retrogression? Under the background of current judicial reform,whether we should adhere to the existing transfer mode or do a new round of re-born revolution on the criminal file with the wind of reform,and the potential of reform? If we do this,how to establish the transfer mode of a criminal file,what are the practical obstacles? These questions are testing China's current criminal mode of transferring files in a great extent,but also the first problem when researching it.Therefore,it is necessary to do a systematic and in-depth study on the transfer mode of a criminal file.We analyze the judicial functions of the transfer mode of a criminal file through the introduction of its basic concept and functions;through the investigation of the transfer modes of a criminal case in different countries,we find out the commonness of the transfer modes;we analyze the legislative evolutions of the transfer modes in our country and find out the practical problems existing in current transfer mode.Finally,we put forward some suggestions on the reform of the transfer mode of a criminal case in China.That is we should take the " Indictment-only Doctrine" and take this as an opportunity to set up an independent procedure of public prosecution review,perfect the " formal review system" and improve the defense's right of reading a criminal file in the public prosecution examination stage and so on.The purpose is to make our reform carried out smoothly and ultimately be able to achieve the desired results.