Abstract：The files and evidence submitted to the judges as the standard of modern criminal prosecution whether to prosecute, can be divided into Anglo American and German law. Common law countries pursue the parties, the judge of the case against predict litigation, litigation process on both sides of the defense activity development, therefore, the prosecutor or the plaintiff in the lawsuit shall not to judge the files and presenting evidence is necessary for this form of action. Take offizialmaxime with France and Germany as a typical civil law country, litigation procedure is to follow the operation rules of both sides of the unity of opposites, but the judge in the pretrial review records and evidence materials, has become a major feature of ex officio litigation form before the Second World War in Japan. Influenced by French and German law, the prosecution also followed the German law. After World War II, the U.S. occupation forces in Japan, the full implementation of the so-called penetration The democratization reform at the bottom is essential for a series of reforms. In October.1947, the Japanese government submitted a criminal procedure law amendment to the US occupation forces command.