Research On The Criminal Case File Transfer System

In Criminal proceedings, For a criminal case, starting from the investigation of the public security organization, to the prosecutors conduct prosecution, and finally to the trial court, there must have been a transfer of files between the organs. in which the file transfer between the indictment stage and the trial stage is very important, it is the last line of defense of the trial activity beginning. It not only has a great influence on the way of trial, but also relates to the realization of the fundamental purpose of criminal procedure.Throughout the history of China’s criminal case file transfer system, since the founding of New China, it has experienced "All dossiers", "Photocopyism" and the all dossiers after the trial. Until 2012, "Criminal procedure law" had great changes, the way of the transfer returned to "All dossiers". Although "All dossiers" has its rationality in China’s current judicial environment, but we can not ignore the risk that it still exists, such as:the pretrial review nullification, the judge’s prejudgment, the trial procedure formalization and so on. In order to solve these problems, This paper conducts a comprehensive research on the transfer system of criminal case files by using the comparative analysis, the literature material analysis and the historical investigation.The inseparable connection with a strong authority tradition is the reason why it’s difficult to make a great breakthrough in the reform process of our criminal case file transfer system. In addition, factors such as the lack of the direct and verbal trial principle, the judicial culture that form the judgement out of the court hearing and so on, they both restrict the development of China’s criminal case file transfer system. Compared with other countries’relevant system in the world, we found that no matter what kind of transfer mode we choose, there will always be pros and cons. Instead of struggling for the selection of transfer mode, we should be based on our own national conditions, step by step, construct supporting systems for "all dossiers" in China current. For example, to establish consultation system in pre-trial procedure, to build the system of disclosure of evidence, to designate one person to examine the case files on pretrial conference and so on. Then we can achieve the purpose of improving the system of the criminal case file transfer, finally, ensure the smooth progress of our criminal proceedings.