On The Icc To Investigate

The courtroom investigation is doomed to be the center of criminal procedure, if we regard the criminal adjudication as the central part of criminal procedure. The criminal courtroom investigation is litigious activities that aim at ascertaining the facts of evidence and the case though judicial acts like allegations, questions, evidence presentations, and cross-examinations at court under the court's conductor, with the participation of the parties and other subjects. There are five characteristics of criminal courtroom investigation: procedures provided by law; certain place; participation; designated substance, and fast-paced procedure. There are two functions or the values of criminal investigation, one is to find out the truth of a case by which the substantive justice can be realized, the other is to maintain people's right to sue so that the procedural justice can be realized. The fundamental principles of criminal courtroom investigation are doctrine of presumption of innocence, participation of the subjects, verbal trial, and the neutrality and independence of the judges, etc.There are two kinds of mode of courtroom investigation. One is antagonistic proceedings which develops on the ground of accusatory procedure while existing mainly in the common law countries like the UK and U.S.A as its representative figure, and is symbolized by adversary system, called "silent judges and active parties". This mode prefers maintaining people's rights and procedural justice to efficiency of litigation. The other one is inquisitional proceedings which develops on the ground of inquisitional trial, exists mainly in the civil law countries like France and Germany as its representative figure, and is symbolized by ex officio litigation system, called "active judges and silence parties". This mode values the facts of a case and the substantial justice heavier than maintenance of people's rights and procedural justice. Nowadays, the two modes learn from each other and are beginning assimilate. Then comes the third kind of mode: the mixed mode of which Japanese and Italy are as its representative figure. The mixed mode has got the advantages of both the former two and got rid of their disadvantages. It attaches importance to both finding out the facts of a case and maintenance of people's rights, and make parties active while the judges are not so passive. This mode is gradually showing its superiority worldwide now. The USSR once adopted the inquisitional system, which had China as its apprentice. After the system of the government changed, it shifted its orientation to accusatory system. Russia implements the mixed mode that has the characteristic of both the accusatory system and ex officio litigation system.The old criminal law adopted the compulsory ex officio litigation system mode. The said mode was criticized for its disadvantages such as it mixed the functions of the prosecuting party and the judging party, made the party who try don't judge and who haven't try judge, and try after the panel has been decided so that the courtroom investigation became useless formality, the procedural justice can hardly be realized, and...