Research On The Perfection Of Criminal Case Transfer System In The Background Of Judicial Center Doctrine

Among criminal proceedings,criminal case transfer is one of the subtle systems.He has broad and narrow sense: the transfer of criminal cases in a broad sense exists in the whole process of litigation,and refers to the case file in the entire criminal procedure.The process of transferring materials between different litigation stages;the transfer of criminal cases in a narrow sense refers only to the transfer of files from public prosecutors to judicial organs.The design of the criminal transfer system and the quality of the operation of the criminal case directly affect the entire process of criminal proceedings.Based on its importance,the three criminal procedural laws in China since the founding of the People's Republic of China have all amended the criminal case transfer system.The purpose is to make the criminal case transfer system better serve judicial practice and promote the orderly conduct of criminal proceedings.run.The Fourth Plenary Session of the 18 th CPC Central Committee established the Judicial Reform centered on trials.Its purpose is to promote the rule of law in a comprehensive manner and to build a socialist country under the rule of law.How to establish trial-centered? What connection is there between trial and case transfer? This article is based on the judiciary-centered judicial reform background,through analyzing the pros and cons of China's previous revised criminal case transfer system,combining the current criminal law review of the case transfer of criminal case transfer to explore this Is it a retrogression of legislation or an inevitable choice that suits China's national conditions? Is China's judicial reform a powerful boost or is it running in the opposite direction? Finally,based on an analysis of the advantages and disadvantages of different criminal case transfer methods and a brief introduction of the relevant system provisions for extraterritorial case transfer,combined with China's current judiciary-centered judicial reform background,it seeks to explore some guarantees for the effective operation of the current case transfer system.Shallow advice.The article is divided into five parts: first is the clarification of some basic concepts;then the root causes of the drawbacks are analyzed by analyzing the advantages and disadvantages of our country's past practice of transferring files after revision;then we will briefly introduce the rules for the transfer of files by different countries outside the country.,to learn from the favorable part;at the end of the current case for China's implementation of the case transfer system to find someguarantees for its healthy and reasonable operation.