The Perfection Of The Pre-trial Public Prosecution Case File Transfer System From The Perspective Of Substantive Court Trial

The pretrial public prosecution file transfer system(hereinafter referred to as the pretrial transfer system)is an important part of the criminal procedure.It connects prosecution and trial,and carries a variety of important functions.Our country's pretrial transfer system has undergone major reforms in the previous revisions of the Criminal Procedure Law.From the "full case transfer system" in 1979 to the "copy system of main evidence" in 1996,finally,in 2012,it returned to the "whole case transfer system" which changed the review system.The "total case transfer system",this tortuous reform and change also reflects that China's file transfer system is constantly exploring the most suitable path.It is true that different methods of pretrial file transfer and China's criminal litigation system are constantly trying and running through,but have not solved many of the shortcomings of the traditional file transfer system.The most difficult thing is the judge's pretrial judgment and the problem of trial flow in the form..The "Decision on Comprehensively Promoting Several Important Issues in Governing the Country According to Law" adopted by the Fourth Plenary Session of the 18 th National Congress of the Party stipulates: "Promote the reform of the litigation system centered on trials to ensure that the facts of investigation and examination of prosecution cases can withstand the legal inspection." The trial-centered litigation system reform is clearly one of the important contents of China's future judicial reform,and the substantive nature of court trials is listed as the core of development.At present,the formalization of court trials still has a certain universality in the litigation process.The examination of evidence to complete the examination of the evidence and the determination of the facts have greatly weakened the role of court investigations and court debates.The transfer of files before the court is equivalent to the bridge between investigation and trial in the public prosecution.It is the basis for the judges to review the files and is inextricably linked to the substantive nature of the trial.The current file transfer system is obviously incompatible with the substantive litigation idea of the trial.Violation,how to improve the file transfer system has also received the attention and attention of many scholars.This article will also be based on the reform requirements of the substantive court trials,further explore a more reasonable pretrial transfer system,with a view to eliminating the disadvantages of the current public prosecution file transfer,and improve related supporting measures to build a pretrial public file transfer system suitable for China.This article is divided into four parts:The first part is "Overview of Substantive Court Trial and Pretrial Public Prosecution File Transfer System".This article expounds the connotation and basic requirements of court trial substantiveization,and analyzes the internal mechanism,function value and relationship of court trial substantiveization to study how to re-examine our court transfer system from the perspective of court trial substantiveization.The second part is "Comparative Study on the System of Transfer of Public Prosecution Cases in Extraterritorial Courts." By studying and analyzing the criminal file transfer methods of the typical law-ruled countries under different litigation models,they explore their commonality in order to serve as a reference and inspiration for China's file transfer methods.The third part is "The Evolution and Reflection of the System of Transfer of Public Prosecution Cases in China." Review the changes of the pretrial transfer system in China and their respective problems,summarize and reflect,and find the deep reasons that the pretrial transfer method in our country restricts the realization of the trial.The fourth part is "Reconstruction of China's Pretrial Public Prosecution File Transfer System".In response to the requirement of court trial substantive reform,China's pretrial transfer system is reformed.It is planned to design a “two-step” dual file transfer system by drawing on the experience of the file transfer reform in Italy,and build a complete set of supporting measures to make it effective.