Study On The Substantialization Of Court Trial Under The File Transfer System

In 2016,the five organs jointly issued Opinions,and in 2017,the Supreme People’s Court issued Opinions on Implementation,aiming at promoting the reform of criminal procedure system centering on trial.Promoting the reform of the trial-centered litigation system and Implementing in Court Trial is to realize the substantialization of the trial,and eliminating the negative impact of "file-centered doctrine" has always been the focus of the substantive reform of the criminal trial in China.The current system of transferring all-round files before the court runs counter to the requirement of substantive trial.To achieve the goal of substantive trial future,the doctrine of transferring files must be abolished.At present the system of file transfer in China will exist for a long time.How to eliminate the negative impact of file transfer system is the focus we should pay attention to.This paper agrees with the viewpoint and takes the transfer of files and the application of files in the first instance of criminal proceedings as the main line,examines the evolution of China’s file transfer system from 1979 to the present and the formalizedappearance of court trials under the current file transfer system,Analyzing and demonstrating that the appearance of formalization of court hearing under the system of file transfer is the result of the interaction of various reasons,The consistency of file transfer layer cooperates with the litigation structure,and the superiority dependence originates from authority management,the exclusiveness of file transfer guarantees the authenticity of the entity,file decisiveness leads to formal review and so on,It is concluded that:The real determinant of the formalization of court trial is not the file transfer system,but the consistency,superiority,dependence and exclusive way of court trial.It is not difficult to find out from the comparative study of the mode of the transfer system of case files at home and abroad and the substantive guarantee of the trial,Whether it is the common law countries that apply the doctrine of "Indictment-only Doctrine in Criminal" or the continental law countries that adopt the system of file transfer,They are all inclined to use the principles of litigation and system design to block the connection of case files from investigation to trial,Avoid the decisive role of the pre-trial files in the trial,thus reflecting the decisive role of the trial in examining evidence and identifying the facts of the case.It clarifies the relationship between the transfer system of case files and the coexistence of substantive trial,As well as the reasons for the formalization of court hearing under the file transfer system in China,it is more realistic to explore the way to realize the substantialization of court hearing under the file transfer system.According to the results of comparative study,we should first use scientific concepts to guide criminal proceedings,Secondly,it is divided into pre-trial,trial and post-trial stages according to the transfer and application of case files,From a multi-dimensional perspective,the author designs the system of pre-trial procedure obstructing the consistency of case files,avoiding the decisivenessof case files,and restricting the follow-up of case files by adjudication procedures,With a view to realizing the substantive trial under the system of file transfer.