An Empirical Study of the Chinese Criminal Dossier System 法律专业英语论文.doc

An Empirical Study of the Chinese Criminal Dossier System ― Focusing on the Evidence Dossier Abstract: Both the operations of Chinese criminal proceedings and the making of judicial decisions are based on various types of evidence and written materials found in found in their primary vehicle -- the dossier. The unique characteristics of the Chinese criminal dossier system can be explained through its judicial power structure type, judicial purpose, and procedural structure. With the development of these structurally-related factors, most of the characteristics of the Chinese criminal dossier system will remain intact for quite some time. However, changes will occur in its form and use. Key words: criminal dossier; empirical study; unique characteristics When there is no admission, nothing will be entered into the record. ——Chinese traditional legal proverb The structure of the contemporary Chinese criminal judicial system has largely displayed the characteristics of a bureaucratic organization. Whether it be the public security agency, the procuratorate, or the court, all the internal organizational structures are based on the same model – that of supervision and subordination. Both the operation of the Chinese criminal proceedings and the making of judicial decisions are based on various types of evidence and written materials found in their primary vehicle -- the dossier. With this background, a study of the criminal dossier may perhaps be an important angle from which to view the basic characteristics of the Chinese criminal procedural system. With regard to standards, China does not have an independent and systematic criminal dossier system. Regulations regarding the creation, transfer, and use of the dossier are buried in the code of criminal proceedings, department regulations, and certain technical regulatory procedures. However, over the years, conventions have developed through practice. As a result, criminal dossiers are similar in appearance and serv