| The system of transfer of the complete dossier, which was abolished in 1996, was re-established when the Chinese Criminal Procedural Law was amended in 2012. The re-establishment of this system means that the objective of criminal procedural reform in China has shifted from the radical reform of the criminal procedure towards the more urgent and practical goal of realizing the substantiality of trial. However, the revised law does not clearly indicate how all the documentations and records provided by the prosecution should be used at the trial stage. This author believes that the proper way to deal with this problem should be the followings:both the preliminary hearing and the preparation for the trial procedure should be carried out basically on the basis of the documentations and records submitted by the prosecution and the dossier should be regarded as the main target of review in the preliminary hearing as well as the important tools for the pretrial preparation, so as to enhance the substantiality of the preliminary hearing and the sufficiency of the pretrial preparation. However, once the trial begins, all evidence should be presented directly before the judges who decide the case. As a result, the documentations and records submitted by the prosecution could be used only within a particularly limited scope. One mistake in the current practice that needs to be corrected is prohibiting the deciding judge from looking through the documentations and records before court trial while giving restrictive interpretation to the rules embodying the requirements of the principle of direct hearing, including Art. 187(1) of Chinese Criminal Procedure Law, and making the case documentations and records the main targets of investigation by the judge during the court trial. |
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