Investigation Report Of Dossiers' Influence On The Prejudgment Of Judicial Officers

It is generally thought that prejudgment caused by dossiers can badly weaken right to defense,result in formalization and finally lead to the unfair verdict.Due to the relation between prejudgment and the quantity of dossiers,we should narrow the range of conveyance of dossiers and even prohibit it in criminal procedure.However,to our pity,the views above are all short of support of enough evidence,especially mass data,which makes that the reform based on these views has the risk of failure from the beginning.Frequent system alternation is only the realization of the risk.Established in 1979,the dossier transfer system of China has experienced three reforms in1996,1998 and 2012.It may continue to be reformed in future.However,if the reform still lacks mass data,it may fail again.So it is necessary to gather and analyze the data related to this aspect.In this sense,the related dossiers have special meaning in the investigation and survey of prejudgment of judges.Except introduction,the thesis is divided into five parts,which expounds the background,analysis and conclusion of survey,and suggestions of criminal justice reform.There are over twenty thousand words.In the first part,it expounds the environment of this investigation and survey.In order to avoid the prejudgments from dossiers,Chinese dossier transfer system has undergone many transitions.But these transitions are only based on the subjective assumption instead of mass data.In the second part,it expounds the train of thought.The target of this investigation is judges,and it adopt the way of questionnaire.And the content of this investigation includes types and depth of prejudgments,and the relation between prejudgments and formalization and fair trial.In the third part,it introduces the general situation and makes concrete analysis: dossiers actually bring about prejudgments.But the degree of prejudgment is not high,and it has not great impact on the case,the prejudgments caused by dossiers includes in a large amount of favorable prejudgments to the accused,which means the defense rights of the accused are not severely weakened because of prejudgments.Meanwhile,prejudgments don't result in formalization and unfair trial.Moreover,when the court trial begins,because the prosecutors take the lead in putting to the proof,the judges will have new prejudgment,which means that all the efforts in order to preventprejudgments are wasted,which means prejudgments are not avoided,and the dossiers transfer system reform is bound to be ineffective.In the fourth part,it comes to a conclusion: since the dossiers result in not high degree of prejudgments and limited influence,and prejudgments are not avoided,the prejudgments from dossiers are not necessary to be ruled out,and it cannot be ruled out by dossiers transfer system.The fifth part puts forward the suggestions of criminal justice reform.Now that the prejudgments from dossiers are not necessary to be ruled out,and it cannot be ruled out by dossiers transfer system,the main emphasis of the criminal justice reform should not be on the reform of dossiers transfer system.And the dossiers transfer system of establishing indictment-only doctrine should not be the sole value pursuit.In fact,by fully implementing the Principle of Directness and Verbalism,strengthening Judgement Argumentation,continuously reinforcing the lawyers' investigation,fully guaranteeing the independence of judges and continuously improving knowledge and culture of judges,the prejudgment is enough to be relieved and even to be eliminated,which finally realizes the goal of criminal procedures.