Research On The System Of Investigation Dossier

Criminal dossier is the main carrier of case information,which plays an important role in the development of proceedings,the advancement of proceedings and the production of litigation results.It not only reflects the structure of criminal proceedings in China,but also reflects the operation mode of national power and civil rights in the process of proceedings.As the core of criminal dossiers in every stage,investigation dossiers embody value in the whole criminal procedure stage,but in recent years,the unjust,false and wrong cases in succession show that there are serious problems in the judicial practice of the investigation dossier system in China.Under the background of comprehensively promoting the rule of law and adhering to the rule of law with trial as the center,the current investigation dossier system is still affected by the traditional values of criminal procedure in China,and it is difficult to keep up with the pace of the current reform of the judicial system,which makes it difficult for both the prosecution and the defense to achieve equal confrontation and judicial justice to be guaranteed.In order to promote the improvement and development of the criminal justice system in China,this paper studies the current investigation dossier system in China,points out its problems in the system construction and judicial practice,and makes a comparative analysis with other countries' relevant systems to explore the perfection of the investigation dossier system in China.The article is divided into five parts,as follows:The first part describes the investigation dossiers and related systems,introduces the composition of investigation dossiers from two aspects of form and content,defines the legal essence of "three in one",and introduces the investigation dossier system from four aspects of filing,custody,transfer and use.In the second part,it discusses the theoretical value of the investigation dossier system,and puts forward the protection of human rights and the improvement of the evidence ability and the power of proof.The former embodies the importance of the investigation dossier system,while the latter embodies the necessity of the investigation dossier system.The third part summarizes the current system of investigation dossiers and the existing problems in judicial practice,and analyzes the reasons from the four aspects of the formation,storage,transfer and use of investigation dossiers.In the fourth part,it studies the relevant systems of investigation dossiers in foreign countries,and compares them with those in China,analyzes the reasons for the formation of unique investigation dossier system in China and the direction of improvement.In the fifth part,on the basis of the above research and demonstration,the author puts forward corresponding suggestions from the aspects of strengthening the restriction and supervision of the investigation power,safeguarding the rights of the defense,giving full play to the advantages of electronic dossiers and improving the relevant supporting systems,so as to realize the improvement of the investigation dossier system from the procedure to the entity and promote the formation of judicial justice.