Study On The Transfer System Of Criminal Cases With "Trial Centered"

The reform of the criminal case file transfer system is of great significance for promoting the reform of criminal procedure centered on trial and promoting the substantive trial.In many countries of the continental law system,the trend of the beautification of the criminal record transfer system can be found.China's criminal case file transfer system has also undergone two major amendments.In the current wave of judicial reform,there are also high calls for amendments in practice and academia.Since the 18 th National Congress,China has accelerated the reform of the judicial system.The communique of the Fourth Plenary Session of the 18 th Central Committee specifically mentions "promoting the reform of the litigation system centered on trial".Subsequently,Shen Deyong,former Vice-President of the Supreme People's Court,mentioned in his "On the Reform of the Procedure System Centered on Trial".Based on the reality of our country,taking into account the need of free evaluation and preparation for court trial,we should study and establish a dual criminal case file system,that is,when prosecuting,we should not transfer the investigation files directly to the people's court,but make a single.Independent transfer of the indictment file,which is mainly to prove the facts of the case,will not transfer other evidence materials with the case any more.It not only ensures that the judges can understand the facts of the case before the trial and better control the trial,but also effectively prevents the influence of other materials in the investigation file on the judges' pre-judgment and ensures that the judges are inside.Conviction is mainly formed in court.This eclectic choice helps to maximize the advantages and avoid disadvantages and deserves further study.At present,there are still many drawbacks to be solved urgently in the practice of the criminal case file transfer system in our country,such as indiscriminate investigation and trial,judges' pre-judgment,court trial being mere formality and so on.In our country,there is still investigative centralism in criminal procedure,and the reform of criminal case file transfer system can promote the change of criminal procedure concept in judicial practice.Based on the historical and comparative study of the criminal case file transfer system and the historical experience of reform,this paper discusses the positive impact of "trial-centered" on China's judicial system.Starting from the establishment of "trial-centered" criminal procedure system,this paper studies the criminal case file transfer system and improves the supporting system.It puts forward concrete ideas and constructs the criminal case file transfer system in the criminal procedure system of "trial-centered".