On System Of Submission Of Case Materials To Court

As a transitional process of the criminal proceedings,The transfer of the criminal dossier system that communicating the investigation,prosecution and trial is a necessary procedure to open the trial.In the process of revising the criminal procedure law in our country,it has been the key point to modify the Criminal Procedure Law so that each revision of the study has been modified.China's criminal dossier transfer system has been revised three times,from the case of the transfer of the system to the main copy transfer system and then to the whole case transfer system regression,it can be said is a circle,and finally return to the starting point.The legislation department has been exploring in the system.Generally speaking,it is focused on exploring how to solve the essence of the trial and how dispel prejudge questions,and make our way towards strengthening the trial against the direction of reform and promoting.Finally,in2012,the criminal procedure law restored the whole case transfer system.In promoting the reform of the system of trial centered lawsuit,I believe that it is the end of the reform of China's litigation system and a concession to China's judicial reality,that is contrary to the direction of judicial reform.The problem of the case transferred to the system still exists and the problems of prejudge and the essential trial has not been solved.Therefore,it is necessary to further study and explore the system,from standing in the perspective of information,being based on the law and using information technology as a means to explore a more reasonable transfer system.This paper consists of four chapters:The first chapter is "Foreword",the criminal case file transfer institution as an important system of before trial procedure,on the surface,it is not only a way of the transfer of cases between the procurato rial authority and the court,but also a purely technical program issues.However,the way to archival materials to trial,which not only relates to to lawsuit idea,litigation and litigation structure,legal status but also relates to legal status and their Rights and obligations among the defence,the procuratorial authority and the court.what is more,it is related to the rationality and fairness of the criminal procedure.Therefore,the scientific and reasonable system of the transfer of criminal cases is conducive to the substantive trial.The second chapter is "Criminal case file transfer system overview".First,from the perspective of the meaning,the way and the formation mechanism of the criminal cases transfer,and the relationship between the transfer system of criminal cases and the judicial centralism,in order to study and analyze the general problems of the transfer system of criminal cases.Then,the extraterritorial criminal case file transfer system for comparative research and analysis,such as France,Germany and England,analyzed by using the method of comparative analysis of the world adopted by different types of criminal case file transfer mode,I hope it can help to reform the criminal case file transfer system.The third chapter is "Changes and unsolved problems of file transfer system in China",China's criminal deportation of files after three revisions,China's criminal procedure law establishes the case dossier system in 1979;the criminal case file transferring from the case file system "to" the main evidence copy transfer system "in1996;the criminal procedure law of China re-establish the dossier system in 2012.Through the analysis of the background and the present situation of the judicial practice of the criminal case transfer system in China,the author tries to explore a more reasonable system of the transfer of criminal cases.The fourth chapter is " Improvement of the riminal case transfer system in China".First,analyzing and studing the macro ideas of improving the transfer of criminal cases in china.From a single transfer to a compound transfer mode,the transfer of the full volume and the prosecution of a doctrine in parallel;the file transfer information can improve the efficiency of the trial and the realization of the trial center.Second,the specific design of China's criminal dossier transfer system in the micro level,expedite procedure using full volume to system,non procedure using indictment doctrine over combining to being implemented to recognize punishment and leniency to the quick judicial procedure.Finally,though analysing the related system research on criminal dossier system reform,it need to improve the principle of directness and verbalism and to advance the appearance rate of the witness.In addition,it need to limit and regulate the judge's right of investigation out of court strictly,to promote the Criminal Court sentencing system by combining with China's judicial practice.