Research On The Criminal Case File Transfer System And The Substance Of The Trial

Criminal case file transfer system and the substance of the trial has been a hot issue of concern to theorists. Any criminal case file in our research will involve the transfer system to transfer files system issues impact on the substance of the trial. Our new Code of Criminal Procedure in2012, and re-established the All Dossiers system, people will naturally think about their impact on the substance of our trial.Files transfer system as a way to connect the pre-trial procedure and trial procedures in different countries and regions are mainly three forms:All Dossiers system Indictment doctrine and limiting the transfer system. The essence of the trial as a product of China under the special context, and formal trial, over the field of the corresponding. Different files transfer system, the impact on the substance of the trial will be different.Specifically, the civil law countries use more whole case transfer system, such as Germany. In order to achieve the substance of the trial, the trial in Germany by implementing the principle of direct language and hearing focused on the principle of giving full scoring defense rights and the right to investigate and collect evidence to apply throughout a stage of the proceedings, and provides the public and other measures to ensure that the trial judge referee substantive grounds realization; adversary complaint to implement a major national doctrine of transferred files the way, such as the United States is the complaint on behalf of a doctrine. In order to achieve the substance of the trial, the United States has developed evidence discovery, cross-examination and other institutional measures; Italian as a mixed-mode of action on behalf of the State, which restricts the transfer system and the use of dual identity judges of both the prosecution and defense to enhance pit measures to achieve the substance of the trial.Our transfer system files in the1979All Dossiers plus pretrial substantive examination mode, this mode of trial formalized serious.1996establishing Photocopyism transfer mode, because the whole case after the court transferred the birth system has not changed our formal hearing serious problem. The new Code of Criminal Procedure of2012to re-establish the whole case transfer system, makes us realize that just by changing the file is transmitted to the formal court system can not solve the problem.The whole case is based on the new transfer system, to analyze the root causes of our trial judges scoring formal trial doctrine. By marking the trial judge excavated produce deep-seated reasons, from the established judicial centrism, improve pretrial conference system, the implementation of the principle of direct words, the independence of judges shaping the environment, emphasizing the decision to build the five aspects of the reasoning of the trial to achieve the substance of the measures.