Research On The Transfer Mode Of Criminal Public Prosecution File

The way of transferring criminal files is a minor technical problem from the appearance,but it is a basic problem related to the separation of prosecution and trial and the neutrality of trial when analyzed in the context of the structure of criminal procedure.The way of file transfer involves the relationship among prosecution,defense and trial in criminal proceedings.The method of transferring criminal files in China has undergone a process of reform from negation to negation.In 1979,the criminal procedure law adopted the principle of transferring the whole case,in 1996,it adopted the principle of copying,and in 2012,it returned to the principle of transferring the whole case.In 1996,the reform of the way of transferring files of the Photocopyism was to overcome the malpractice that the court trial was a mere formality;In 2012,we returned to the doctrine of full case transfer,which seems to conflict with the doctrine of trial center simply in terms of the mode of case transfer.However,the mode of case transfer is only a variable that affects the trial center.Through the substantiation of the trial and the judgment of evidence,we can also eliminate the pre-trial prejudgment caused by the transfer of the whole case to the judge to the greatest extent on the premise of insisting on the transfer of the whole case.Many factors should be considered in the system design of the transfer mode of criminal procedure files in China,and the basic position of "authority doctrine litigation mode" and "relative rationalism" should be adhered to.This paper mainly studies and expounds the transfer system of criminal prosecution files in China from four parts.The first part combs the whole case transfer doctrine in 1979,the copy doctrine in 1996 and the whole case transfer doctrine in 2012,finds out the reasons for the application of different case transfer methods in different periods,analyzes their disadvantages,and deeply reflects on the current case transfer system.The second part makes a comparative study of the whole case transfer doctrine and the indictment doctrine,demonstrates them from the perspectives of prejudgment,litigation efficiency and finding out the facts of the case,and analyzes the effects of the two systems in criminal justice practice.The third part makes a multi angle analysis on the transfer mode of public prosecution files from the aspects of litigation structure,court trial substantiation,lawyers’right to read files,judges’ quality,litigation efficiency and so on.The design of the mode of file transfer affects the whole body.We must comprehensively consider a variety of factors.Only in this way can we solve the problems existing in the reform of file transfer.The fourth part puts forward some suggestions on how to improve the way of file transfer in China.Adhere to the litigation mode of authority doctrine,follow the idea of relative rationalism,based on the tradition and reality of China’s criminal procedure,comprehensively consider the diversified factors that affect the transfer of files,and formulate a feasible and relatively reasonable transfer mode of files that is suitable for China’s criminal procedure mode.Therefore,this paper believes that under the authority litigation mode,while insisting on improving the whole case transfer system,improving the system measures matching with the whole case transfer is a good strategy to promote the development of the public prosecution file transfer mode.