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Transfer System of the Criminal Case File

Author: XieQiong
Tutor: LiWeiDong；ZhangLiQun
School: Inner Mongolia University
Course: Legal
Keywords: Deportation of Files Indictment ' Conveyance of All Dossiers Photocopyism
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 105
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Abstract


With the continuous progress of the process of the rule of law in China, the reform of the criminal trial is also being gradually carry out in-depth the docket closely related transfer system exhibited many problems in practice, the theoretical and practical circles. The criminal docket transferred to the system as a basic system in Criminal pre-trial procedures, public prosecution is the Public Prosecution Service, is a way of judicial review in court. As a connecting bridge between the prosecution and trial, and the books Transfer System Science, reasonable construction of very important significance. Our docket Removing experienced a full case transferred to the development process, the main evidence a copy of the transfer of criminal proceedings in the exploration and reform of the way towards the adversarial system of trial mode transition. There is no denying the current copy of 'transferred exposed some shortcomings, on the foundation of great importance to the problem, we should be rational analysis of the pitfalls and advantages of the Indictment humanism, the end-result of the criminal case file transfer system eventually has indictment of the adversary system features a doctrine. The text of this paper is divided into three parts. The first part of the pre-trial docket Transfer System Overview, as into the title. The second part of the use of comparative study on the main country under the rule of law to take two of Dossier Transfer mode are introduced, namely Japan, the U.S., Italy, the complaint a doctrine and France, Germany Dossiers' and made an evaluation analysis. The third part is the analysis of Dossier Transfer mode. First full implementation of our procedural law before the amendment Dossiers abuses of the system, the idea of ??amending the law and the reform trend point of view, the negative regression the full docket permit transfer system path selection; then specifically describes our current implementation of the \ism \will affect the effectiveness of the proceedings is not conducive to concentrate on trying, easily lead to the abuse of the Right of Public Prosecution, will further restrict the right to lawyer's scoring will exacerbate the inequality of the prosecution and the defense. The fourth part is to improve our criminal docket Transfer System exploration. A 'first world trend of judicial reform and the system is reasonable in terms of consistency from the idea of ??amending the law, certainly Indictment is the ultimate choice, and then analyze its perfect supporting system, including pre-trial preliminary hearing, the evidence demonstrated, and the books to save Indictment a doctrine exception.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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